law on defence and armed forces of the republic of bulgaria

Chapter two.ORGANIZATION OF THE DEFENCESection I.Defence governing bodiesArt. 15. Governing the defence of the Republic of Bulgaria shall be carried out by:1. The National Assembly;2. The President of the Republic;3. The Council of Ministers;4. The Minister of Defence.Art. 16. The National Assembly shall:1. decide issues for declaring war and for concluding peace treaties;2. declare military or other state of emergency on the whole territory of the countryor on part of it, upon proposal of the President of the Republic or of the Council of Ministers;3. permit location of foreign troops on the territory of the country or passing throughit;4. ratify and denounce by a <strong>law</strong> the international agreements of military nature.5. adopt Strategy for national security of the Republic of Bulgaria upon proposal ofthe Council of Ministers;6. determine the strength of the military forces and adopt programmes for theirdevelopment upon proposal of the Council of Ministers;7. determine the resources of the state budget, needed for providing the country’sdefence, as well as for participation in operations and missions outside the territory of thecountry;7a. (new - SG 16/10, in force from 26.02.2010) adopts by a decision programmesand/or projects for investment expenses for acquisition or modernization of armaments,machinery and equipment for the needs of the armed forces, if the costs of each of the projectsexceeeds BGN 100 million upon proposal by the Council of Ministers;8. open, reorganize, rename and close military academies and higher militaryschools, as well as branches and faculties in them, in which training on subjects of theregulated professions are carried out;9. exercise parliamentary control over the executive bodies, implementing functionsin the defence area.Art. 17. (1) The President of the Republic, in his capacity of Head of state and incooperation with the other state bodies shall perform activity for creation of a stableenvironment for security and for development of the Republic of Bulgaria as a democraticstate.(2) The President of the Republic shall be Chief of the Consultative council fornational security. The council statute shall be determined by <strong>law</strong>.Art. 18. The President of the Republic shall be supreme commander-in-chief of thearmed forces of the Republic of Bulgaria in peace and wartime.

Art. 19. The President of the Republic, upon proposal of the Council of Ministers,shall:1. confirm the strategic plans of action of the military forces;2. set the military forces, or part of them to a higher level of militant and operativereadiness for action;3. declare general or partial mobilization;4. appoint and dismiss the high commanding staff of the armed forces and honourofficers with high military ranks.Art. 20. In case of a military conflict or war, the President of the Republic shall:1. declare war state in case of armed attack against the country or in case ofnecessity of immediate implementation of international obligations, in case of military orother emergency situation, in which the National Assembly is not in session; in these cases itis summoned immediately, in order to pronounce on the decision;2. coordinate the foreign political efforts for participation in the internationalorganizations and structures of security in view to interrupt the military conflict or the war;3. govern the High commanding, issue acts for preparation of the country and thearmed forces for war and for leading military actions;4. set in implementation the wartime plans upon proposal of the Council ofMinisters;5. introduce restrictive regime over the information, related with the country’sdefence;6. introduce proposal to the National Assembly for signing peace treaty.Art. 21. (1) The President of the Republic, implementing his competences of Headof state shall issue decrees and may address appeals and messages.(2) The decrees of the President of the Republic, which refer to functions of thecountry’s defence, shall also be signed by the Prime Minister.(3) The President of the Republic shall have the right to request from the Minister ofDefence, from the Chief of defence and from other state bodies the necessary and completeinformation for implementing his functions as a supreme chief commander of the armedforces.Art. 22. (1) The Council of Ministers shall carry out the general governance of thedefence and the armed forces.(2) The Council of Ministers shall:1. direct and carry out the state policy of the country in the defence area;2. develop and introduce to the National Assembly a draft Strategy for nationalsecurity of the Republic of Bulgaria;3. (amend. - SG 16/10, in force from 26.02.2010) adopt the National defencestrategy;4. direct and coordinate the defence planning of the country;5. propose to the National Assembly to determine the strength and adoptprogrammes for the armed forces development of the country;6. (amend. - SG 16/10, in force from 26.02.2010) adopt a plan for organizationaldevelopment of the armed forces;7. adopt strategic plans of action of the armed forces and propose them forconfirmation to the President of the Republic;

8. adopt draft wartime budget upon proposal of the Minister of Finance and theMinister of Defence, introduce it for confirmation by the National Assembly and organize itsimplementation;9. adopt upon proposal of the Minister of Defence a state wartime plan for provisionand direction of the civil resources for defence of the country out of the resources and meanson the plans of the armed forces and assign its implementation;10. adopt programmes for creation and equipment on the territory of the country ofsites and zones for defence purposes and assign the control for their realization to the Ministerof Defence.11. (amend. - SG 16/10, in force from 26.02.2010) adopt strategy for developmentof defence-technological industrial basis;11a. (new - SG 16/10, in force from 26.02.2010) adopts by a decision a programmeand/or projects for investment expenses for acquisition or modernization of armaments,machinery and equipment for the needs of the armed forces, if the cost of each of the projectsis from BGN 50 million to BGN 100 million;11b. (new - SG 16/10, in force from 26.02.2010) proposes for adoption by theNational Assembly a programme and/or projects for investment expenses for acquisition ormodernization of armaments, machinery and equipment for the needs of the armed forces, ifthe cost of each of the projects exceeds BGN 100 million;12. direct the organization of the preparation of the population, economy, wartimereserves and infrastructure for defence of the country;13. propose to the President of the Republic setting the armed forces to a higherlevel of military and operative readiness, as well as declaring of general or partialmobilization;14. adopt upon proposal of the Minister of Defence decisions for conductingstrategic military inspection of the defence and/or periodic inspections of the defence;15. adopt mobilization plans and realize general direction of the armed forcesmobilization and setting the country from peace to war state.16. determine rules, conditions and order for creation, preservation and use ofwartime reserve and other raw materials for wartime and determine requirements for thetransport, energy, communication and storage system, the populated places and economicsites for compliance with the defence needs;17. open, reorganize and close faculties, branches and institutes at the militaryacademies and higher military schools, apart from the cases under Art. 16, item 8, uponproposal of the Minister of Defence;18. within the frames of the general strength of the armed forces, confirm thestrength of the military service on military ranks, with the exception of the higher officersranks;19. propose to the President of the Republic for appointment and suspension highcommand staff of the armed forces and for honouring officers with high military titles.20. permit placing of foreign and allied armed forces on the territory of the country,or their passing through it in cases, indicated in a special <strong>law</strong>;21. approve implementation of projects on the territory of the Republic of Bulgaria,funded thoroughly or partially on the NATO programme for investments in the security;22. (suppl. - SG 16/10, in force from 26.02.2010) assign wartime tasks on thecountry defence to the state bodies, the local self-government and local administration bodiesand to legal persons upon proposal by the Minister of Defence.(3) While carrying out its competences under Para 1 and 2, the Council of Ministershall be assisted by the Security council.

Art. 23. The Council of Ministers by 31 March shall introduce annually to theNational Assembly a report on the situation of the defence and the armed forces, on which theNational Assembly shall pronounce with a decision.Art. 24. (1) (amend. - SG 16/10, in force from 26.02.2010) Upon proposal of theMinister of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army the Council of Ministers shall adopt Classifier of the positions of the militarystaff in the Ministry of Defence, which shall be published in the State Gazette.(2) The positions for the military staff in the Classifier under Para 1 shall bedetermined in ranks in the scope of the military titles. For their determination, diversions fromthe Law on the Administration shall be admissible.(3) (amend. - SG 16/10, in force from 26.02.2010) On the basis of the Classifierunder Para 1, the Minister of Defence, or officials, authorized by him, shall confirm thepositions of the Ministry of Defence, the units directly subordinate to the Minister of Defenceand the Bulgarian Army.Art. 25. (1) The Minister of Defence shall direct and be responsible for conductingthe state policy in the area of the defence of the country.(2) (amend. - SG 16/10, in force from 26.02.2010) While implementing hiscompetences in compliance with this <strong>law</strong>, the Minister of Defence shall be assisted by DeputyMinisters, permanent secretary of defence and chief of defence.Art. 26. The Minister of Defence shall:1. direct the defence planning;2. draw up a draft budget of the Ministry and direct its implementation;3. direct the activity on providing information in the interest of the defence;4. carry out international cooperation in the defence area and sign internationalagreements;5. participate in the formation of the policy and decision taking in NATO and in theEuropean Union at the EU Member State Ministry of Defence level;6. direct the human resource policy;7. direct realization of the health policy and of the military-medical andpsychological provision;8. direct the social policy;9. (amend. - SG 16/10, in force from 26.02.2010) control the activities on creationof safe and healthy conditions of carrying out the military service and for laying labour at theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army;10. permit the participation of military formations in mastering or/and overcomingthe consequences of disasters on the basis of a request by a relevant state body, in compliancewith the plans for conducting rescue and urgent emergency-reconstruction works;11. direct the standardization, codification and certification of the military andspecialized production for the needs of the armed forces in compliance with thestandardization agreements of NATO and the European Union, on which the Republic ofBulgaria is a party;12. confirm the military doctrines and operative plans of the armed forces uponproposal of the Chief of the defence;13. (amend. - SG 16/10, in force from 26.02.2010) manage the activity on protectionof the classified information in the Ministry of Defence, the units directly subordinate to the

Minister of Defence and the Bulgarian Army in compliance with the Law on Protection ofClassified Information;13a. (new - SG 16/10, in force from 26.02.2010) announce a list of the categories ofinformation subject to classification as an official secret in the sphere of activity of theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army;14. (amend. - SG 16/10, in force from 26.02.2010) appoint and dismiss therepresentatives of the Ministry of Defence, the units directly subordinate to the Minister ofDefence and the Bulgarian Army in international organizations, the defence attaches, themilitary attaches and the employees in their offices and shall direct their activity;15. (amend. – SG 74/09, in force from 15.09.2009) carry out the general managingbody of the military education and of the scientific activity and propose the establishment,reorganization and closure of military academies, higher military schools, faculties, branchesand institutes under them and of scientific organizations, in coordination with the Minister ofEducation, Youth and Science;15a. (new - SG 16/10, in force from 26.02.2010) initiate and provide primary an/orspecial military training at civil higher schools, military academies and secondary schools incoordination with their governing bodies, by the mayors of municipalities and the Minister ofEducation, Youth and Science under terms and following the procedure laid down in anordinance by the Council of Ministers;16. (amend. – SG 74/09, in force from 15.09.2009) open and close kindergartensunder the Ministry in coordination with the Minister of Education, Youth and Science;17. organize the activity on protection and recovery of the environment in theregions of dislocation of military formations and in the places for conducting exercises andevents, related to the country’s defence;18. (amend. – SG 82/09, in force from 16.10.2009) coordinate upon proposal of theMinister of Transport, Information Technology and Communications the procedure forintroducing and the rules for operation of the Single system for civil and military servicemanagement of the air space, direct and control jointly with the Minister of transport,Information Technologies and Communications the use of the territorial sea of the Republicof Bulgaria and the domestic sea waters for military purposes;19. (amend. – SG 82/09, in force from 16.10.2009) draw up a list of the militaryairports, which may accept foreign military air force means, and in cooperation with theMinister of Transport, Information Technologies and Communications, shall draw up a list ofthe military airports, which may be determined for stand by airports of Bulgarian civilairplanes, executing international and domestic public carriages;20. direct the activity on providing aviation safety and flight capability for themilitary air force means and issue an ordinance for the terms and conditions for carrying outthis activity;21. determine the procedure for registration of the air force means of the armedforces in the Register of the military air force means of the Republic of Bulgaria and shallorganize the keeping the air force means of the armed forces in it;22. determine the procedure for investigation of aviation accidents with Bulgarianmilitary air force means, as well as of foreign military air force means on the territory of thecountry;23. direct the given to the Ministry state properties and shall direct the investmentpolicy in the Ministry;24. coordinate infrastructure projects of national significance for their compliancewith the confirmed by the Council of Ministers requirements for the defence needs;

25. (amend. - SG 16/10, in force from 26.02.2010) direct the sport activity in theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army and shall be responsible for the sport base development;26. (amend. - SG 16/10, in force from 26.02.2010) direct the information activity ofthe Ministry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army and the public relations;27. direct basic geodesic and cartographic activities, related to the country securityand defence;28. direct the activities for assistance and cares for the disabled ex-service peopleand military victims;29. carry out cooperation with the military-patriotic unions, organizations andassociations of military people and shall determine the forms for conducting the militarypatrioticeducation;30. confirm the statutes of the armed forces, which shall be published in the StateGazette;31. direct the building up, development and maintenance of Integratedcommunication – information system for governing the country and the armed forces in casesof emergency situations, martial <strong>law</strong> or war state under terms and conditions, determined byan act of the Council of Ministers;31a. (new - SG 16/10, in force from 26.02.2010) approve a programme and/orprojects for investment expenses for acquisition or modernization of armaments, machineryand equipment for the needs of the armed forces, if the cost of each of the projects does notexceed BGN 50 million.32. implement other competences, assigned to him by <strong>law</strong>.Art. 27. The Minister of Defence shall introduce to the Council of Ministers:1. (amend. - SG 16/10, in force from 26.02.2010) draft of National defence strategy;2. (amend. - SG 16/10, in force from 26.02.2010) draft plan for development of thearmed forces;3. draft of a state wartime plan;3a. (new - SG 16/10, in force from 26.02.2010) proposal for assignment of war-timetasks related to the defence of the state to state authorities, local governments and localadministration as well as to legal persons, provided that the proposal for assigning war-timetasks to legal persons shall be approved by the chairperson of the State Agency "State Reserveand War-Time Stocks";4. drafts of strategic action plans of the armed forces;5. proposals for setting the armed forces, or a part of them into higher level ofcombat readiness and/or declaring of a general or partial mobilization;6. (amend. - SG 16/10, in force from 26.02.2010) proposals for the positions in theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army, requiring officers’ ranks, proposals for appointment and suspension of highcommand positions and for honouring officers of the Ministry in higher military ranks;7. project for conducting strategic and/or periodical examinations of the defence;8. (amend. – SG 82/09, in force from 16.10.2009) draft strategy for development ofthe defence and technological industrial base jointly with the Minister of Economy, Energyand Tourism;8a. (new - SG 16/10, in force from 26.02.2010) programme and/or projects forinvestment expenses for acquisition and/or modernization of armaments, machinery andequipment for the needs of the armed forces, if the cost of each of the projects exceeds BGN50 million;

9. proposals for the strength of the permanent and mobilization reserve;10. (new - SG 16/10, in force from 26.02.2010) projects for setting up anddevelopment of integrated communication and information system intended for managementof the state and the armed forces in emergency situations or in war time.Art. 28. (1) The Minister of Defence, upon proposal of the Chief of defence, shallpermit the use of arms and ammunitions by Bulgarian military formations:1. in cases of capturing Bulgarian and/or allied combat means on the territory of theRepublic of Bulgaria aiming at carrying out a terrorist or another act with dangerous outcomefor the population and/or for the country’s sovereignty;2. (amend. - SG 16/10, in force from 26.02.2010) in cases of violation the airspaceor the rules of the flights above the territory of the Republic of Bulgaria by air force means,moving in a way, arousing doubts, that may be used as a weapon for terrorist acts;3. in cases of entering the domestic sea waters and in the territorial sea of theRepublic of Bulgaria by a foreign ship or other sailing means, which refuses to stop orobjects, or turns to forceful acts against its capture;4. in other cases of occurring threat of terrorist acts or danger of use of weapons formass destruction on the territory of the Republic of Bulgaria.(2) The use of weapons or the combat means under Para 1 shall be corresponding tothe threat or danger.(3) For the cases of using weapons, the Minister of Defence shall confirmprocedures and rules upon proposal of the Chief of defence.(4) The Minister of Defence shall immediately notify the Prime Minister and thePresident of the Republic for the acts, undertaken under Para 1-3.(5) The Prime Minister shall notify the allies of NATO and the EU Member Statesin case that the threat of terrorist acts or the danger of using weapon for mass destruction is athreat for them.Art. 29. (1) The Minister of Defence shall receive direct information on the nationalsecurity and the country’s defence, the Bulgarian army, the military academies and highermilitary schools and other structures in the Ministry, received from the Military Informationservice and Military Police service, as well as the information, provided by the NaturalSecurity State Agency and the National Investigation Office(2) The Chief of defence shall receive the relevant information under Para. 1, relatedto the implementation and his functions under this <strong>law</strong>.Art. 30. (Revoked - SG 16/10, in force from 26.02.2010)Art. 31. (1) In exercising his competence, the Minister of Defence shall issue rules,ordinances, instructions and orders.(2) (Revoked - SG 16/10, in force from 26.02.2010)Art. 32. (1) Political cabinet shall function under the Minister of Defence, whichshall be organized by the Chief of the cabinet.(2) The political cabinet shall assist the Minister of Defence in determining andconducting the policy in the area of defence and realization of the civil control on the armedforces.(3) The staff of the political cabinet shall be determined in compliance with the Lawon the Administration.

Art. 33. (amend. – SG 16/10, in force from 26.02.2010) (1) At the Minister ofDefence shall be established a Defence council, which is a collective consultative body andshall include the deputy ministers of defence, the Chief of the political cabinet, the permanentsecretary of defence, the Chief of defence and his/her deputies, the commander of the Jointoperative command, the Chiefs of land forces, the Military air forces and the Military seaforces.(2) In the Council sessions, upon proposal of the Minister of Defence, other personsmay also participate, except the persons under Para 1.(3) The Defence council shall assist the Minister of Defence on the following issues,which shall be introduced for discussion:1. draft National defence strategy;2. draft Regulations of the system of the Ministry of Defence;3. draft budget of the Ministry;4. draft plan for development of the armed forces;5. proposals for appointment and shedding off the high command staff andhonouring officers with high military ranks.(4) The Minister of Defence shall also introduce for discussion to the Defencecouncil other issues.(5) The Minister of Defence shall determine the rules of operation and the agenda ofthe Defence council sessions.(6) The Minister of Defence shall inform the Supreme Chief commander about theDefence council sessions.(7) The Minister of Defence shall determine the members of Programme council,Defence capacity council and Armaments council and shall adopt regulations for theiroperationSection II.Other bodies and organizations in the defence areaArt. 34. The Ministries and other institutions with war time tasks shall develop andmaintain ready for implementation a mobilization plan, war time plan and plan for passingfrom peace to war state under terms and conditions, determined by the Council of Ministersact.Art. 35. (1) Minister of Interior, in coordination with the Minister of Defence shallmaintain in operative and mobilization readiness the Ministry of Interior structures forimplementation of war time tasks.(2) (new - SG 16/10, in force from 26.02.2010) The Minister of Interior shallcoordinate the activity of the integral parts of the Unified rescue system in protection of thepopulation and shall perform activities and tasks in accordance with the wartime plan.(3) (prev. text of para 2, amend. - SG 16/10, in force from 26.02.2010) The Ministryof Interior bodies independently or jointly with the Ministry of Defence, the units directlysubordinate to the Minister of Defence and the Bulgarian Army and other specialized bodiesshall provide defence of strategic for the country activities and sites, as well as of those,declared for critical infrastructure.(4) (prev. text of para 3 - SG 16/10, in force from 26.02.2010) The Minister ofDefence and the Minister of Interior shall issue joint instructions for interrelation between the

two institutions for implementation of the activities, assigned to them under this <strong>law</strong> and forconducting fire distinguishing and damage-rescuing activity.Art. 36. The Minister of Finance shall:1. develop and introduce for confirmation by the Council of Ministers methods fordrawing up and implementation of the war time budget;2. draw up budget directives and instructions to the state bodies and the local selfgovernmentand local administration bodies on drawing up drafts of their war time budgets onthe basis of the state war time plan.Art. 37. The Minister of Foreign Affairs within the frames of his competence shallrealize direction and coordination of the implementation of the international obligations of theRepublic of Bulgaria, arising from the EU membership in the area of the Common foreignpolicy and policy of security and the European policy for security and defence, as well as ofthe membership in the UNO, NATO and other international organizations and coalitions.Art. 38. (amend. – SG 82/09, in force from 16.10.209) The Minister of Transport,Information technologies and Communications jointly with the Minister of Defence shall:1. introduce to the Council of Ministers drafts of legal acts for maintenance and useof the railroad, motor road and water transport, as well as of the civil aviation during wartime;2. organize the preparation of the railroad, motor road and water transport, as well asof the civil aviation for their passing from peace into war time and shall keep mobilizationreadiness of the structures with functions in the area of defence.3. organize building up and maintenance of the transport sites for the defence needs,provide and maintain war time powers in the transport network.Art. 39. (Revoked - SG 16/10, in force from 26.02.2010)Art. 40. (amend. – SG 82/09, in force from 16.10.209) The Minister of Transport,Information technologies and Communication, in coordination with the Minister of Defenceshall:1. organize and direct the preparation of the post and electronic communicationnetworks for their bringing into higher levels of readiness and for communication security ofthe armed forces and of the country in peace and war time;2. organize the building up and maintenance of special sites for the defence needsand the installed for the defence needs powers for war time;3. create, exploit, maintain and develop electronic communication network andpoints for direction in relation to the national security and defence;4. determine the conditions and procedure for using the electronic communicationnetworks and shall provide electronic communication for direction in cases of declaringhigher levels of combat readiness of the armed forces and in declaring martial <strong>law</strong>, war state,or emergency situation.Art. 41. The president of the National security state agency, the director of theNational investigation office and the Chief of the National security service shall carry outtheir activity on protection of the national security in cooperation with the Minister ofDefence, issuing mutual instructions.

Art. 42. The Bulgarian National Bank shall:1. develop rules and norms for providing the activity of the bank system during wartime;2. in coordination with the Minister of Defence develop a plan for preparing theBulgarian National Bank in readiness for work during war time;3. direct methodically the planning for preparing the bank system ready for workduring war time;Art. 43. (1) The regional Governors and the municipality Mayors shall organize inthe relevant administrative-territorial units implementation of tasks, related to the defence,which come as a result of the acts of the bodies for the defence direction.(2) The regional Governors and municipality Mayors shall realize in the relevantadministrative-territorial units the preparation of the economy and population for defence,where they shall:1. assist the Ministry of Defence bodies in keeping the military account of thereserve of the armed forces and on communication, sending and providing of reservers andtechnique with mobilization significance;2. ensure premises and provide administratively the activity of the Ministry ofDefence bodies for work with the mobilization resources;3. ensure 24-hour duty and communication in passing into higher level of combatand operative readiness, in mobilization and during war time;4. ensure the functioning of the economy for the defence needs in the relevantadministrative-territorial units during war time;5. in cases of declared mobilization or war implement their assigned obligations bythe bodies for the defence direction;6. organize and direct the events for defence of the population and economy indisasters and during war time;7. keep a register of the sites and systems of the critical infrastructure on the relevantadministrative-territorial units.(3) The funds for implementation of the assigned tasks under Para. 1 shall beprovided annually from the state budget.Art. 44. (1) While exercising their competences under Art. 43, Para. 2, the regionalGovernors and municipality Mayors shall be assisted by Security councils.(2) (amend. – SG 93/09, in force from 25.12.2009) The regional Security councilsshall consist of a chairperson – the regional Governor and members – the Deputy regionalGovernors, directors of directorates in the regional administration, the head of the territorialunit of Chief Directorate "Civil protection" at the Ministry of Interior, the directors of thecentre for emergency medical help and representatives of the territorial units of the centraladministration and the executive.(3) The municipal security councils shall consist of chairperson – the Mayor of themunicipality and members – the Deputy Mayors, the chairperson of the Security and defencemobilizationpreparation unit and representatives of the territorial units of the centraladministration and the executive.(4) The names of the staff and the procedure for operation of the Security councilsshall be determined by an order of the municipality Mayor, respectfully – the regionalGovernor.

Art. 45. (1) Legal persons with assigned wartime tasks shall develop and keep readyfor implementation a plan for mobilization, wartime plan and a plan for passing form peaceinto martial <strong>law</strong> under terms and conditions, determined by an act of the Council of Ministers.(2) The legal persons under Para. 1 shall be determined under terms and conditions,determined by an ordinance of the Council of Ministers.(3) In case of declaring mobilization or wartime situation, the legal persons underPara 1 shall set into action the implementation of the relevant plans and shall organize defenceof their workers and employees.(4) Legal persons, who have not been assigned wartime tasks, and who do notdevelop wartime plan, shall:1. in a declared mobilization assist the bodies of the Ministry of Defence onannouncing, sending and supplying reservers and equipment with mobilization purposes;2.organize defence of their workers and employees during wartime;(5) The provision under Para. 4, p. 2 shall be also applied in reference to legalpersons with seat and registration in another state, who will perform activity on the territoryof the country.(6) Legal persons shall provide for the Ministry of Defence bodies the neededinformation for keeping the military report and for preparation of the country for defence.Art. 46. The Bulgarian Red cross shall assist the state in giving instructions to thepopulation for actions in martial <strong>law</strong>, military conflicts and disasters, shall prepare formationsfor first aid and shall give such aid in this country and abroad to persons, victims of militaryconflicts and disasters.Art. 47. The instruction of the chiefs of the state, local administration and legalpersons for implementation of tasks, related to defence, shall be done in a procedure,determined by and act of the Council of Ministers.Chapter three.MILITARY FORCES OF THE REPUBLIC OF BULGARIASection I.General ProvisionsArt. 48.The military forces are established by the state military and specializedformations and their branches, submitted to specific organization and procedure offunctioning, which possess and apply military special means of action for achieving theobjectives of the country defence.Art. 49. On the territory of the Republic of Bulgaria shall not be established othermilitary and other formations, which use military organization or arms and arm equipment, orwhich in which military service is envisaged, unless when provided by <strong>law</strong> or act of theCouncil of Ministers.Art. 50. (amend. - SG 16/10, in force from 26.02.2010) (1) The military forces ofthe Republic of Bulgaria shall include:1. the Bulgarian army;

2. Military Police service;3. Military Information service;4. military academies and military high schools;5. Military Medical Academy;6. the National Guards Unit;7. the reserve of the armed forces.(2) The military forces in peacetime may also include units from the other forcesfrom the national security system of the Republic of Bulgaria under terms and procedure setout by the Council of Ministers.(3) The military servicemen from the Ministry of Defence shall be part of thepersonnel of the armed forces.Art. 51. (1) The military formations of the armed forces shall be staffed and suppliedwith personnel, arms, combat and other equipment and property, means for commanding andmanagement of the operations in combat conditions, providing implementation of the defencetasks of the country and the implementation of operations and missions outside the territory ofthe country.(2) (amend. - SG 16/10, in force from 26.02.2010) The units under Art. 50, Para 2shall be staffed with personnel, arms, special and other equipment and property, which shallprovide for maintaining operative readiness for implementation of the defence tasks of thecountry from the budget of the relevant Ministries and other institutions.Art. 52. (1) The armed forces of the Republic of Bulgaria shall guarantee thesovereignty and independence of the country and shall defence its territory entirety.(2) The armed forces in peace time shall not be assigned with tasks of internalpolitical character.Art. 53. (1) The military forces shall maintain abilities for prevention, holding backand respond to the possible threats against the Republic of Bulgaria and its allies for achievingthe objectives of the national policy in the defence area.(2) In war time the task implementation by the armed forces of the Republic ofBulgaria may be realized jointly and/or in coordination with the NATO forces or by the EUMember States, under terms and conditions, determined by and international agreement.Art. 54. (amend. – SG 16/10, in force from 26.02.2010) The military forces of theRepublic of Bulgaria shall perform their tasks on the basis of:1. strategic plans for actions of the armed forces;2. plans for operations of the armed forces.Art. 55. (1) The armed forces shall be built up and shall implement their tasks on theprinciple of organizational submissiveness, undivided authority and hierarchy in thecompetences of the commanders and chiefs, determined in the statutes of the armed forces.(2) The undivided authority in the armed forces shall establish a procedure onissuing and execution of the orders and on realizing the interrelations of power andsubmission between the commander or chief and the military people.(3) The direct guidance of the formations in the armed forces shall be realized by thecommanders and the chiefs.(4) the commanders and chiefs in the armed forces in realizing their authorities shallissue orders.

(5) (Revoked - SG 16/10, in force from 26.02.2010)Art. 56. During peace time the armed forces shall implement tasks on:1. maintenance of the combat capacity, readiness and capacity in compliance withthe risks and threats of military nature;2. participation in multinational military formations and in operations and missionoutside the territory of the country;3. participation in initiatives and control activities for strengthening and growing ofthe trust and cooperation in the defence area;4. maintenance of readiness for humanitarian aid and rescue actions on the territoryand in the sea area of the country and outside it in compliance with the national legislationand the international agreements, party to which is the Republic of Bulgaria, upon decision ofthe relevant state body;5. preparation and training of formations for carrying out rescue and emergencyaccident-rescue works for mastering and/or overcoming disasters;6. participation in prevention and direct defence of the population and conductingrescue and urgent emergency accident – rescue works in a procedure, provided by the Law onProtection in Disasters;7. neutralizing of unexploded ammunitions on the territory of the republic ofBulgaria.Art. 57. the armed forces may implement tasks on:1. assistance for the security bodies in their fight against dissemination of arms formass destruction, illegal traffic of arms and international terrorism;2. participation in security of strategic sites and systems of critical infrastructure andin operations for interruption of terrorist actions.Art. 58. In case of declaring martial <strong>law</strong>, the armed forces shall:1. raise the readiness of the system for early warning and management;2. (amend. - SG 16/10, in force from 26.02.2010) raise the readiness of the militaryformations and the units as per Art. 50, para 2 in compliance with the level of military threat;3. set into action the strategic, operative and wartime plans.Art. 59. (1) In case of armed attack against the Republic of Bulgaria and in declaringmartial <strong>law</strong>, the armed forces shall repulse the attack and shall defend the territorial entiretyand the independence of the country and shall guarantee its sovereignty. The taskimplementation under Para. 1 may be performed independently, jointly and/or in coordinationwith forces and formations of member-states of NATO, under terms and conditions,determined in an international agreement and in the strategic and operative plans.Art. 60. Creation and functioning of structures of political parties and politicalmovements, as well as performing political activity in the armed forces shall be forbiddenArt. 60a. (new - SG 16/10, in force from 26.02.2010) (1) The Bulgarian Army is anational military institution, a basis of the Bulgarian Armed Forces.(2) The Bulgarian Army includes operative command, three types of armed forcesand formations for preparation, maintenance and logistic security.

Art. 60b. (new - SG 16/10, in force from 26.02.2010) (1) The joint operativecommand is a unit intended for planning and conduct military operations on the territory ofthe state and abroad.(2) The joint operative command shall:1. draw up plans for military operations of the armed forces in peacetime and inwartime;2. conduct joint preparation of the Bulgarian Army;3. carry out the operative command of the duty forces and means from the BulgarianArmy;4. coordinate the participation of formations of the Bulgarian Army in the jointpreparation with the forces of NATO and European Union allies;5. collect, analyze and summarize the experience from the involvement of the armedforces in missions, operations, exercises and practices so that it can be applied in thepreparation of the armed forces.Art. 60c. (new - SG 16/10, in force from 26.02.2010) (1) The types of armed forcesaccording to Art. 60a, para 2 shall be the Land forces, the Air force and the Navy.(2) The different armed forces shall be headed by Chiefs of the Land forces, of theAir force and of the Navy respectively, assisted by deputies and headquarters.Art. 60d. (new - SG 16/10, in force from 26.02.2010) The formations forpreparation, maintenance and logistic security as per Art. 60a, para 2 may be within theframes of the various types of armed forces or subordinate to the Chief of defence.Art. 60e. (new - SG 16/10, in force from 26.02.2010) The organizational structure,managing bodies, subordination, the numbers, dislocation, armaments, the equipment and thematerials of the Joint operative command, the types of armed forces and the formations forpreparation, maintenance and logistic security of the Bulgarian Army, as well as the reserveof the armed forces shall be defined by the plan for development of the armed forces.Section II.Sending and using armed forces of the Republic of Bulgaria outside the territoryof the countryArt. 61. Armed forces of the Republic of Bulgaria may be sent and used outside theterritory of the country independently or in the staff of international formations whileobserving the Bulgarian legislation, the objectives and principles of the NATO Statute andother international agreements in force for the Republic of Bulgaria, while considering thenational interests.Art. 62. the National Assembly shall permit the sending and using armed forcesoutside the territory of the Republic of Bulgaria of political-military nature.Art. 63. The Council of Ministers shall permit the sending and using armed forcesoutside the territory of the Republic of Bulgaria for:

1. implementation of allied obligations, comprising from an international agreement,ratified, published and entered into force for the Republic of Bulgaria, which is creating analliance of political-military nature;2. participation in humanitarian missions;3. participation in activities of no political – military nature, with the exception ofthe cases under Art. 64.Art. 64. The Minister of Defence shall permit sending and using outside the territoryof the Republic of Bulgaria:1. up to 300 military servicemen and/or military equipment without arms and/or upto 3 military air forces and/or one military ship of type with their crews for participation in theactivities under Art. 63, p.3;2. up to 200 military servicemen and/or military equipment and/or up to 3 militaryships of Frigate type including, and/or up to 5 military air crafts with their crews on theterritory of an allied state for participation in the activities under Art. 63, p.3;3. military-medical teams and field hospital for medical provision of combat actionsand/or prevention and overcoming results from epidemics and other mass illnesses,threatening large part of the population of a territory.Art. 65. (1) The Council of Ministers and the Minister of Defence shall notifyimmediately the National Assembly and the President of the Republic about their decision. Inthe cases under Art. 64, the Minister of Defence shall also notify immediately the Council ofMinisters.(2) In case of doubts about the nature of the sending and using armed forces outsidethe territory of the country, the National Assembly shall express an opinion.Art. 66. (1) The Minister of Foreign Affairs shall ensure the provision on mutualbasis of permanent diplomatic solutions for the period of 12 months for carrying outespecially important flights, logistic flights (transportation of passengers and materials),flights, related to search and rescue operations, humanitarian flights, sanitary flights,recreation flights and flights with the purpose of repair, navigation flights, joint trainings,participation in military training and operations, technical landing and recharge of fuel,performed by Bulgarian military and/or hired by the Ministry of Defence air forces(2) (amend. – SG 82/09, in force from 16.10.209) The permanent diplomaticsolutions under Para 1 shall be provided by the Minister of Foreign Affairs upon requests ofthe Minister of Defence and of the chiefs of the diplomatic missions, accredited by theRepublic of Bulgaria, after coordination with the competent units of the Ministry of Defenceand the Ministry of Transport, Information technologies and Communications.Art. 67. The state bodies shall inform the public about the decision for sending andusing armed forces outside the territory of the Republic of Bulgaria while observing thenational legislation for protection of the classified information and the internationalagreements, party to which is the Republic of Bulgaria.Art. 68. (1) The armed forces of the Republic of Bulgaria shall be used incompliance with the objectives and motives, determined in the decision for their sending, andin the operative plans for the relevant missions and operations.(2) for determining the nature of the actions, about which Bulgarian armed forcesare being sent and used outside the territory of the Republic of Bulgaria, the bodies under Art.

63, and 64 shall account for the objectives and motives of their carrying out, the means forattaining these objectives, as well as the order and organization of the participating armedforces.(3) Change of the objectives and motives under Para. 1 shall be admitted by a newdecision.Art. 69. (1) In their participation in missions and operations outside the territory ofthe Republic of Bulgaria, the Bulgarian armed forces shall observe the provisions of theBulgarian legislation, the UNO Statute, the international agreements, to which the Republic ofBulgaria id a party and the principles and norms of the international humanitarian <strong>law</strong>, takingaccount of the national interests.(2) For every participation of Bulgarian military servicemen in operations andmissions outside the territory of the Republic of Bulgaria, the chief of defence shall draw uprules for using force.(3) In case of participation of Bulgarian military servicemen in multinationalformation, where joint rules have been drawn up for using force, they shall be applied by themilitary servicemen of the Bulgarian armed forces, as far as they do not contradict this <strong>law</strong>,the rules for its implementation, the statutes of the armed forces of the Republic of Bulgaria,and the rules under Para. 2.(4) The rules for using force shall be obligatory for implementation by the militaryservicemen of the Bulgarian armed force. The violators of the rules shall bear disciplinaryresponsibility and may be suspended from participation in a certain mission and operation.Art. 70. (1) In operations and missions outside the territory of the Republic ofBulgaria may also participate Bulgarian citizens, signed a contract for service in thepermanent reserve. For the term of participation in the operation or mission, military rankshall be given, required for the position taken.(2) Employees from the National Security State Agency may participate in missionsand operations under Para. 1, under terms and conditions, determined by an ordinance of theCouncil of Ministers.(3) Apart from the cases under Para. 1 and 2, Bulgarian nationals with the needededucation and qualification may participate in operations and missions outside the territory ofthe Republic of Bulgaria, under terms and conditions, determined by and act of the Council ofMinisters.(4) The persons under Para. 2 and 3 shall not be part of the armed forces. The statusof the persons under Para. 3 shall be determined by the international agreements for theconcrete operation or mission and the Bulgarian legislation.Art. 71. (1) For participation in operations or missions outside the territory of theRepublic of Bulgaria, military servicemen shall be sent on missions by the Minister ofDefence for the term not longer than 6 months.(2) Military servicemen shall be sent for following participation in operations ormissions outside the territory of the country at least after 6 months.(3) the term under Para. 1 may be extended, and the term under Para. 2 – may beshortened after preliminary agreement in writing, given by the military serviceman.(4) (new - SG 16/10, in force from 26.02.2010) The term of the missions under para1 may be extended just the once without the consent of the military serviceman by amaximum of 30 calendar days by an order of the Minister of Defence upon a groundedrequest from the Chief of Defence.

Art. 72. (1) The operative direction of the Bulgarian armed forces, sent and usedindependently or in the staff of multinational formations in operations and missions outsidethe territory of the Republic of Bulgaria, shall be carried out in compliance with the decisionsof the international organizations or international agreements for the mandate of the concreteoperation or mission.(2) The national control over the formation under Para. 1 shall be carried out by thecommander of the Joint operative commanding, and the direct commanding and control – bythe relevant commander.(3) (amend. - SG 16/10, in force from 26.02.2010) Transfer of capacities foroperative command of the formations under Para 1 shall be carried out by the Chief ofdefence.Art. 73. (1) While passing the state border of the Republic of Bulgaria, the militaryserviceman shall produce:1. military identification card or passport;2. order for individual or group movement, issued by the Minister of Defence or anauthorized by him official. Certifying the status of the person or group as a member ormembers of the armed force, as well as the ordered movement.(2) The order under Para. 1, p. 2 shall have indicated holding of official arm, itssystem and number.Art. 74. (1) While passing the state border of the Republic of Bulgaria, the goods –property, or in management of the Ministry of Defence, which have been intended for use inthe armed forced, sent outside the territory of the Republic of Bulgaria, shall be declared in aprocedure, determined by an act of the Minister of Finance.(2) The terms and conditions for reliving the customs formalities shall bedetermined by the act under Para. 1.Art. 75. (amend. – SG 99/09, in force from 01.01.2010) The financial provision ofthe Republic of Bulgaria’s participation in operations and missions outside the territory of thecountry, shall be carried out by the state budget through the approved annual budget of theMinistry of Defence.Art. 76. The Minister of Defence shall organize and coordinate all the activities onthe provision, staffing and preparation of the formation of the armed forces in reference totheir sending and using outside the territory of the Republic of Bulgaria.Chapter four.MANAGEMENT OF THE MINISTRY OF DEFENCE, THE UNITSDIRECTLY SUBORDINATE TO THE MINISTER OF DEFENCE AND THEBULGARIAN ARMY (NEW - SG 16/10, IN FORCE FROM 26.02.2010)Art. 77. (amend. - SG 16/10, in force from 26.02.2010) (1) The Ministry of Defenceshall be assisted by the Minister of Defence in fulfillment of his/her functions as a centralone-man executive authority and in his/her activity related to management and command ofthe armed forces.

(2) The Ministry of Defence shall include:1. Defence headquarters2. general administration;3. specialized administration.Art. 78. (amend. - SG 16/10, in force from 26.02.2010) Units directly subordinate tothe Minister of Defence shall be "Military Information" service, "Military Police" service, themilitary academies and the military high schools, the Military Medical Academy, the NationalGuards Unit and the National Museum of Military History as well as other units establishedby a <strong>law</strong> or an act of the Council of Ministers.Art. 79. (amend. - SG 16/10, in force from 26.02.2010) (1) The permanent secretaryof defence is a senior official at the Ministry of Defence.(2) As a permanent secretary of defence can be appointed a civil servant who hasheld a managerial position at the state administration for not less than three years and hasreceived the highest certification among the other candidates or has been an executiveauthority within the meaning of the Law for the Administration, or who has held a managerialposition at the state administration for not less than three years and has at least 4 years tillentitlement to pension for assurance coverage and old age in order to complete the mandate infull.(3) The permanent secretary of defence shall be appointed by the Minister ofDefence following a selection for a period of 4 years and shall be approved by the PrimeMinister.(4) By the act with which the permanent secretary of defence is appointed, shall bedefined the highest rank of senior civil servant.(5) The permanent secretary of defence have all the rights included in official legalrelations except those contradicting or incompatible with his/her legal standing.Art. 80. (amend. - SG 16/10, in force from 26.02.2010) The permanent secretary ofdefence shall assist the Minister of Defence in fulfillment of his/her functions related todefining and conducting the defence policy and the management of human, material andfinancial resources for its implementation.Art. 81. (amend. - SG 16/10, in force from 26.02.2010) (1) The permanent secretaryof defence shall directly manage and be liable for the following:1. drawing up and updating the legislation framework, regulating the structure andthe activity of the Ministry of Defence;2. defence planning, programming and budgeting;3. the control over budget execution;4. planning and control of implementation of projects for construction, deliveriesand services for building up of planned defence capabilities;5. activities related to international military cooperation;6. development and efficiency of the administration and administrative proceduresand of the informational security of the Ministry of Defence;7. development and implementation of measures for avoiding conflict of interest andcreating conditions for corruption;8. qualification and career development of the civilian employee;9. interaction with non-government organizations, trade unions and branchorganizations;

10. accountancy and transparency of the conducting of the defence policy and itsresults.(2) The permanent secretary of defence shall also fulfill other functions assigned tohim/her by the Organizational Rules of the Ministry of Defence or by an order of the Ministerof Defence.(3) The permanent secretary of defence shall be entitled to receive the informationnecessary for performing his/her functions and to be supported by the Defence headquartersby the chiefs of the respective types of armed forces, services and the other units directlysubordinate to the Minister of Defence.Art. 82. (amend. - SG 16/10, in force from 26.02.2010) The powers of thepermanent secretary shall be terminated ahead of term by the Minister of Defence inaccordance with the Prime Minister in the following cases:1. upon mutual agreement in writing;2. upon his/her request in writing;3. where the attestation committee appointed by an order of the Minister of Defencehas assessed his/her work as unsatisfactory under terms and following a procedure laid downin the Organizational Rules of the Ministry of Defence;4. in case the secretary is unable to fulfill his/her duties for a period longer than 6months;5. upon entry into force of an act with which a conflict of interest under the Law onPrevention and Disclosure of Conflict of Interests is established;6. if a sentence imposing penalty for deliberate crime of general nature becomeseffective;7. upon death or placement under judicial disability.Art. 83. (amend. - SG 16/10, in force from 26.02.2010) (1) The Chief of defenceshall be the most senior military serviceman in position with a higher military rank and is animmediate superior to all military servicemen of the Bulgarian army.(2) The Chief of defence shall be appointed by the President of the Republic uponproposal by the Council of Ministers for a period of 4 years.(3) The Chief of defence shall be directly subordinate to the Minister of Defence.(4) The Chief of defence shall be subordinate to the President of the Republic atcarrying out his/her powers as a Supreme Commander-in-chief of the armed forces.(5) The Chief of defence shall carry out his powers directly, through the commanderof the Joint operative command, or via the Chiefs of the various types of armed forces incompliance with the Constitution, the <strong>law</strong>s, the statutes of the armed forces and the orders ofthe Minister of Defence.Art. 84. (amend. - SG 16/10, in force from 26.02.2010) (1) The Chief of defenceshall support the Minister of Defence in performing his/her functions related to drawing upand conducting the defence policy and using the armed forces.Art. 85. (amend. - SG 16/10, in force from 26.02.2010) The Chief of defence shalldirectly administer and be liable for the following:1. drawing up orders of the Minister of Defence for using formations of theBulgarian Army and proposals for enrolling the armed forces, or part of them in increasedcombat readiness;

2. proposals to the Minister of Defence for announcing general or partialmobilization;3. draw up rules and procedures for use of arms and ammunitions under Art. 28,para 1;4. drawing up the National defence strategy and operative plans of the armed forces;5. the bringing into service and decommissioning of armaments and technicalequipment;6. drawing up doctrines, conceptions for carrying out operations and standards forpreparation and use of troops and armed forces;7. definition of the required defence capacities;8. combat training and the state of operative abilities if the Bulgarian army;9. drawing up the statutes of the armed forces;10. the activity of the Defence headquarters.(2) The Chief of defence shall also perform other functions assigned to him/her bythe Organizational Rules of the Ministry of Defence or by and order of the Minister ofDefence.(3) The Chief of defence shall be entitled to receive all the information necessary forcarrying out his/her functions and to be assisted by the general and specialized administration,by the services and the other units directly subordinate to the Minister of Defence.Art. 86. (amend. - SG 16/10, in force from 26.02.2010) (1) The powers of the Chiefof Defence shall be terminated ahead of term by the President of the Republic upon proposalby the Council of Ministers in the following cases:1. upon his/her request in writing;2. in case the Chief of Defence is unable to fulfill his/her duties for a period longerthan 6 months;3. upon entry into force of an act with which a conflict of interest under the Law onPrevention and Disclosure of Conflict of Interests is established;4. if a sentence imposing penalty for deliberate crime of general nature becomeseffective;5. upon death or placement under judicial disability.Art. 87. (amend. - SG 16/10, in force from 26.02.2010) While conducting hisauthorities, the permanent secretary and the Chief of defence shall issue orders, commandsand instructions.Art. 88. (amend. - SG 16/10, in force from 26.02.2010) The general administrationshall carry out the administrative, informational and organizational-technical provision of theMinistry of Defence.Art. 89. (amend. - SG 16/10, in force from 26.02.2010) The specializedadministration and the Defence headquarters shall assist the Minister of Defence in realizinghis authorities.Art. 90. (amend. - SG 16/10, in force from 26.02.2010) The structure and theactivity of the general, specialized administration and of the Defence headquarters shall bedefined by the Organizational Rules of the Ministry of Defence, adopted by the Council ofMinisters..

Art. 91. (amend. - SG 16/10, in force from 26.02.2010) The units of the Defenceheadquarters, of the general and specialized administration shall coordinate their activitiesunder terms and following procedures set forth in instructions by the Minister of Defence.Art. 92. (amend. - SG 16/10, in force from 26.02.2010) (1) The Military MedicalAcademy shall be established and reorganized by a decision of the Council of Ministers uponproposal by the Minister of Defence in coordination with the Minister of Health according tothe Law for the Medical Establishments, insofar as this Law does not provide otherwise.(2) The structure and the activity Military Medical Academy shall be defined byRegulations adopted by the Council of Ministers upon proposal by the Minister of Defence incoordination with the Minister of Health.(3) The Military Medical Academy shall organize and conduct postgraduate trainingfor physicians, dental medicine doctors and pharmacists as well as training for students inmedical specialties accredited according to the Law for the Medical Establishments.(4) The Military Medical Academy shall conduct training for acquiring Doctor`degree in scientific specialties accredited according to the Law for the MedicalEstablishments.Art. 92. (amend. - SG 16/10, in force from 26.02.2010) (1) Military academies shallbe:1. The Military-medical academy, which is a medical institution under Art. 5, Para 1of the Law on the Medical Institutions, established in Sofia;2. The Military academy Georgi Sava Rakovski – seated in Sofia.(2) The Military-medical academy shall be a medical institution for out-of-hospitaland hospital aid, for drawing up military-medical expertise and for conducting militaryscientific and military educational activity.(3) The Military academy Georgi Sava Rakovski shall be a state higher school forconducting education for acquiring educational-qualification degree "Master" and educationaland scientific degree "Ph.D" on accredited military and civil subjects, for raising thequalification of specialists and for conducting scientific and applied researches in the area ofthe national security, defence and military science.Art. 93. (amend. - SG 16/10, in force from 26.02.2010) (1) The Military academiesand the higher military schools shall be established by a decision of the General Assembly.(2) The type, name, registered address, main activity managing bodies,organizational structure of the military academies and higher military schools as well as thereal estate provided to them for management shall be defined by the acts for theirestablishment or reorganization.(3) A Professional Colleges for training sergeants (sergeant-majors) can beestablished by an order of the Minister of Education, Youth and Science upon proposal by theMinister of Defence for the purpose of acquisition of fourth degree of professionalqualification according to the Law for the Vocational Education and Training(4) Educational Centres for Preparation of Solders (seamen) shall be established byan order of the Minister of Defence.(5) The Professional colleges under para 3 or the Educational Centres under para 4may be subordinate to the Head of a military higher school and may use real estate, trainingbase, administrative and informational provision and teachers from the respective highermilitary school under terms and following a procedure laid down in the order for itsestablishment.

Art. 94. (amend. - SG 16/10, in force from 26.02.2010) (1) (amend. – SG 74/09, inforce from 15.09.2009) Military academies and higher military schools shall apply theprovisions of the Law for the Higher Education and the Law of the Academic Degrees andAcademic Ranks, and the professional colleges – the Law for the Vocational Education andTraining and the Law for the Public Education, insofar as this <strong>law</strong> and the acts related to theirestablishments do not provide otherwise.(2) The military academies, higher military schools and professional colleges shallalso carry out other activities related to training, qualification and professional preparation ofmilitary servicemen, civilian employees, employees of another ministries and departmentsand citizens under terms and following a procedure, set out by an act of the Minister ofDefence. The financial funding of the said activities shall be at the expense of the budget ofthe Ministry of Defence, as well as for the account of the budgets of the respective ministriesand departments.(3) The control over the establishing and implementation of the budget of militaryacademies and of higher military schools shall be exercised by a procedure, determined by anact of the Minister of Defence.Art. 95. (amend. - SG 16/10, in force from 26.02.2010) (1) The rules of procedureand activity of the military academies and the higher military schools shall be adopted by theCouncil of Ministers upon proposal by the Minister of Defence in coordination with theMinister of Education, Youth and Science.(2) The rules of procedure and activity of the professional colleges shall be issuedby the Minister of Defence.(3) The subjects and educational plans at the military academies and in the highermilitary schools shall be approved by the Minister of Defence, in coordination with theMinister of Education, Youth and Science.(4) The state educational requirements, the specialties, the educational plans andprogrammes and the lists for the state plan-admittance to the professional colleges shall beapproved by the Minister of Defence, in coordination with the Minister of Education, Youthand Science.(5) During education on a military subject, the higher military schools shall alsoconduct education on the relevant accredited civil subject and shall give the relevanteducational-qualification degrees on accredited military and civil subjects.(6) The military academies and the higher military schools may conduct training ofstudents and PhD students for the purpose of acquiring a Bachelor's or Master's degree inspecialties from accredited professional trends and educational and scientific Doctor's degreein accredited scientific specialties.(7) The documents certifying professional qualification at the professional collegesshall be issued by the directors of professional colleges.Art. 96. (amend. - SG 16/10, in force from 26.02.2010) (1) The Military academiesand the higher military schools and the subjects studied therein for acquiring higher educationin the educational-qualification degrees, as well as on scientific specialties, shall be accreditedunder the terms and conditions, provided by the Law on the Higher Education.(2) In the staff of the accreditation commissions for conducting the accreditationunder Para 1, representatives of the Ministry of Defence shall be included, determined by theMinister.

Art. 97. (amend. - SG 16/10, in force from 26.02.2010) (1) The chiefs and deputychiefsof military academies and of the higher military schools and of the Military MedicalAcademy, the directors of the professional colleges and of the educational centres shall bemilitary servicemen, who shall be appointed and dismissed under the terms provided by thisLaw.(2) The chiefs and deputy chiefs on the educational and scientific part of the militaryacademies and of the higher military schools, as well as the deputy chiefs of the educationaland scientific activity and the diagnostic and medicinal activity at the Military MedicalAcademy shall have academic ranks.(3) The faculties in the military academies and the higher military schools shall bedirected by deans, who shall be military servicemen and shall have academic ranks. \theyshall be selected under the terms and conditions, provided by the Law on the HigherEducation and shall be appointed by the chiefs of the higher military schools.(4) The academic staff of the military academies and of the higher military schoolsshall consist of military servicemen and civil persons, occupying teaching, scientific-teachingand research positions.(5) The military academies and the higher military schools may attract foreignnationals to scientific-teaching and teaching positions.(6) The teaching staff in the professional colleges shall be the instructors – militaryservicemen and civilian employees having relevant education and qualifications.Art. 98. (amend. - SG 16/10, in force from 26.02.2010) (1) The persons trained to beofficers, for acquiring educational-qualification degree "Master" on the subjects ofprofessional direction Military science shall be attendants.(2) Learners, taught at the higher military schools in regular form of education forthe needs of the Ministry of Defence shall be military students.(3) Military servicemen at professional colleges shall be cadets.(4) The attendants, military students and cadets shall not pay fees for the education.(4) The military students shall receive uniforms, insignia and scholarship in anamount according to a procedure, determined by an act of the Minister of Defence.(5) The rights and duties of the attendants, military students and cadets shall bedetermined by the rules of procedure and activity of the military academies and the highermilitary schools and of the professional colleges.Art. 99. (amend. - SG 16/10, in force from 26.02.2010) (1) Suspension of thelearners from the military academies and higher military schools and professional collegesshall be performed under terms and conditions, determined by their rules of procedure andactivity.(2) Learners, suspended disciplinary from the academies, higher schools andprofessional colleges shall not be able to resume their rights and be admitted again to betaught.Art. 100. (amend. - SG 16/10, in force from 26.02.2010) (1) The MilitaryInformation service shall be and the Military Police service shall be state-financed legalpersons.(2) The chiefs of the services under Para 1 shall be appointed by the Minister ofDefence or on his proposal under procedure, determined by this <strong>law</strong> and by the rules for itsimplementation.

(3) The chiefs of services under Para 1 shall be directly submitted to the Minister ofDefence.(4) The Minister of Defence shall approve ethic codes of the staff in the servicesunder Para 1.(5) The organization of the activity of the services under para 1, the specificconditions and procedures for appointment of the staff and for execution and interruption ofthe service in them shall be determined by regulations, adopted by the Council of Ministers.Art. 101. (amend. - SG 16/10, in force from 26.02.2010) (1) The MilitaryInformation service shall collect, proceed, analyze, keep and give information in the interestof the national security and the country defence.(2) The Military Information service shall give equal in volume and equal incontents information to the President of the Republic, the President of the National Assembly,the Prime Minister and the Minister of Defence.(3) The Minister of Defence may assign additional tasks to the Military Informationservice, related to the national security and the country defence.(4) While implementing their official duties, the military servicemen from MilitaryInformation service may take positions under cover in the state administration and in legalpersons under terms and conditions, determined by an act of the Council of Ministers.Art. 102. (amend. - SG 16/10, in force from 26.02.2010) (1) The Military Policeservice shall be a service in the Ministry of Defence intended for:1. keeping the order and security in the Ministry of Defence, the units directlysubordinate to the Minister of Defence and the Bulgarian Army and the security of thepersonnel independently and jointly with other services for security and keeping the publicorder.2. prevention and disclosure of criminal offences, committed by, or with militaryservicemen or civilian employees of the Ministry of Defence, the units directly subordinate tothe Minister of Defence and the Bulgarian Army and/or on the territory of sites and equipmentof the Ministry, as well as investigation of crimes in the cases under the Penal ProcedureCode;3. security and control of guarding events, sites and persons of the Ministry ofDefence, the units directly subordinate to the Minister of Defence and the Bulgarian Army, oftransport means, with which staff, property, cash, combat equipment, arms. ammunitions anddangerous items of general nature are transported, as well as foreign military formations andmilitary servicemen, delegations and inspections;4. participation in keeping the order in the military formations in operations andmissions outside the territory of the country;5. performing independently and/or in cooperation with other bodies of antiterroristacts in the military forces;6. investigation of aviation crashes and incidents with military air force crafts;7. collecting, processing, keeping, analyzing, using and giving information, relatedto the execution of the service functions;8. performing anti-fire control in the sites of the Ministry of Defence and the unitsdirectly subordinate to the Minister of Defence and the Bulgarian Army.(2) The Military Police service shall perform its activity independently and/orjointly with other state bodies, organizations and nationals, who shall be obliged to give itassistance and the needed information, related to the implementation of its functions underPara 1.

(3) While implementing their legally established competences, the bodies of theMilitary Police service shall be independent from the chiefs, commanders and chiefs in theunits directly subordinate to the Minister of Defence and the Bulgarian Army. The order forexercising their competences by the bodies of the Military Police service in the structures ofthe Military Information service, shall be determined by and act of the Minister of Defence.(4) The Military Police Service consists of a governing body, regional services andmilitary and police units.Art. 103. (amend. - SG 16/10, in force from 26.02.2010) (1) The Military Policeservice bodies shall be military servicemen and the civil employees on civil legal relations,through whom the service performs its functions.(2) While implementing their functions, the organs of the Military Police serviceshall have the right to:1. perform operative-search activity through specific methods and means, as well asthrough using special intelligence ways in a procedure, provided by the Law on the SpecialIntelligence Means and through attracted as voluntary collaborators military servicemen andnationals;2. detain for not more than 24 hours:a) a military serviceman or a civilian employee from the Ministry of Defence, fromthe units directly subordinate to the Minister of Defence and the Bulgarian Army, aboutwhom there is information, showing that he/she has committed a crime;b) a person, about whom there is information that he/she has committed a crime inparticipation with employees of the Ministry of Defence, of the units directly subordinate tothe Minister of Defence and the Bulgarian Army and/or on the territory of sites and facilitiesof the Ministry of defence and the units directly subordinate to the Minister of Defence;c) a person, which after being duly warned, conscientiously hinders a military policebody to perform the official duties, violates the public order and does not stop his/her acts;d) a person, which is on the territory of sites and facilities of the Ministry ofDefence or of the units directly subordinate to the Minister of Defence and whose identitycannot be established in the ways, indicated in Art. 61, Para 2 of the Law on the Ministry ofInterior;e) in other cases, determined by <strong>law</strong> or international agreements, a party to which isthe Republic of Bulgaria;3. conduct personal search of the persons under item 2; the search may be performedonly by a person, who belongs to the sex of the searched person; for each conducted search, aprotocol shall be drawn up;4. disclose and investigate criminal offences under Art. 102, Para 1, item 2;5. request, collect and provide information, related to keeping the order and securityin the Ministry of Defence, the structures directly subordinate to the Minister of Defence andin the Bulgarian Army;6. collect and keep information for performing police registration of the personsunder Art. 102, Para 1, item 2, which have been attracted as defendants for committingpremeditated criminal offence;7. perform check - ups for establishing the identity and actions on the identificationof persons under Art. 102, Para 1, item 2, about which there is information, that they havecommitted crimes or violations of the order at the Ministry of Defence, the units directlysubordinate to the Minister of Defence and the Bulgarian Army;8. use physical force and means, as well as arms as an end measure whileimplementing their official functions, only in case that they cannot be performed in anotherway;

9. control the observance of the traffic rules by the drivers of military vehicles andby organized groups of military servicemen.(3) The terms and the procedure for carrying out the activities as per Art. 102 and103 shall be defined by the regulations under Art. 100, para 5, and the terms and theprocedure for enticement and work with volunteers shall be defined by an order of theMinister of Defence.Art. 104. (amend. - SG 16/10, in force from 26.02.2010) (1) From the moment oftheir detention the persons referred to in Art. 103, para 2, item 1 shall be entitled to:1. a defender;2. be informed immediately about the reasons for their detention in anunderstandable by them language;3. to appeal before the court the legality of their detention, where the court shalljudge on the appeal immediately.(2) The bodies of the Military Police service shall be obliged to inform immediatelya person, indicated by the detained.(3) The bodies of the Military Police service may issue written or oral orders to theemployees of the Ministry of Defence, the units directly subordinate to the Minister ofDefence and the Bulgarian Army within the frames of their competences.(4) The military and civil officials on civil legal relations from the Military Policeservice may bear official arms under the terms and conditions, determined by an instruction ofthe chief of service.Art. 105. (amend. - SG 16/10, in force from 26.02.2010) (1) The National guard unitshall be a representative military formation and shall be a legal person – second-line spendingadministration at the Minister of Defence.(2) (amend. - SG 16/10, in force from 26.02.2010) The structure, organization andprocedure for using the National guard unit shall be determined by rules, adopted by theCouncil of Ministers.Art. 106. (amend. - SG 16/10, in force from 26.02.2010) (1) The Minister ofDefence shall perform his control functions in the area of the defence through Inspectorate.(2) The Inspectorate shall be directed by chief inspector of the Ministry of Defence,who is directly subordinate to the Minister of Defence(3) The Inspectorate shall inspect the observation of the legal acts and orders of theMinister of Defence and of the legally conducted administrative activities in the Ministry ofDefence, the units directly subordinate to the Minister of Defence and the Bulgarian Army.(4) The Inspectorate shall perform check-ups of the combat preparedness, thedefence-mobilization preparedness, the army order and the discipline of the operative abilitiesif the Bulgarian army formations.(5) The Inspectorate shall perform check-ups on the proposals, signals and appealsof natural or legal persons, sent to the Minister of Defence and shall inform them about thedecisions taken and the measures undertaken.(6) The Inspectorate shall exercise control carry out inspections pursuant to the Lawon Prevention and Disclosure of Conflict of Interests.(7) The Inspectorate shall render assistance and control the setting intoimplementation the recommendations and proposals of the Ombudsman of the Republic ofBulgaria.

(8) The Inspectorate shall carry out its activity in compliance with this Law and theLaw for the Administration.(9) The organization of the Inspectorate activity, the types of the check-ups,, as wellas the terms and conditions for their performance shall be determined by an act of theMinister of Defence.Art. 107. (amend. - SG 16/10, in force from 26.02.2010) (1) The National militaryhistoricalmuseum shall be a cultural scientific institute, which shall perform activities onsearching, studying, preserving and representing cultural values and items with educationaland aesthetic purpose, related to the military history of Bulgaria, under the terms andconditions as provide by the Law on the Cultural Heritage.(2) The National military-historical museum shall also perform activities onstudying, registering, preserving and maintaining the military monuments.(3) The National military-historical museum shall be legal person – second leveladministrator of budget credits under the Minister of Defence.(4) The National military-historical museum rules of procedure shall be determinedby rules of the Minister of Defence, concerted by the Minister of Culture.Chapter five.STATE OF WAR, MARTIAL LAW AND STATE OF EMERGENCY,MOBILIZATIONSection I.State of war and martial <strong>law</strong>Art. 108. (1) State of war and martial <strong>law</strong> shall be declared with a decision of theNational Assembly or with a Decree of the President of the Republic under the establishedorder in the Constitution and shall be announced on all mass media.(2) With the act of declaring state of war or martial <strong>law</strong>, the legal acts, whose actionis interrupted shall be indicated.Art. 109. (1) State of war shall be declared in case of armed attack against thecountry or in necessity of urgent implementation of international obligations.(2) For the beginning of state of war shall be accepted the hour and day of declaringthe war or the time of the physical beginning of the combat actions.(3) For the end of state of war shall be accepted the declared hour and day forinterruption of the military actions, and in case of their continuation after the decaled hour andday – the time of their physical interruption.(4)After declaring state of war, the implementation of the tasks shall begin incompliance with the strategic, operative and wartime plans.Art. 110. In case of a sudden armed attack on the territory of the country, the armedforces shall undertake all necessary measures for driving back the attack, without waitingstate of war to be declared.Art. 111. (1) State of war shall be declared in case of threat of armed attack or ofwar on the whole or part of the territory of the country.

(2) For beginning of martial <strong>law</strong> shall be accepted the hour and the day of itsdeclaring, and for its end – the hour and day for declaring sate of war or lifting the martial<strong>law</strong>.Art. 112. After declaring martial <strong>law</strong> the implementation of the tasks shall begin,according to the strategic, operative and war time plans or the part of them, corresponding tothe level of threat.Art. 113. In case of declared state of war or martial <strong>law</strong>, the defence of the countryand the ensuring the internal order shall pass under the command of the Supreme chiefcommander and the bodies, established by him for commanding the defence.Art. 114. (1) With the introduction of state of war or martial <strong>law</strong> or with the factualbeginning of military actions, the President of the Republic shall form Supreme chiefcommand.(2) The Supreme chief command shall assist the Supreme chief commander whiledirecting the defence and the armed forces.(3) (amend. – SG 82/09, in force from 16.10.209) The Supreme chief commandshall include the Prime Minister, the Minister of Defence, the Minister of Interior, theMinister of Foreign Affairs, the Minister of Transport, Information technologies andCommunications, the Minister of Economy, Energy and Tourism, the Minister of RegionalDevelopment and Public Works, the Minister of Finance, the Chief of Defence, the Presidentof the National Security Agency, and other persons, determined by the Supreme chiefcommander.Art. 115. (1) In case of declared state of war or martial <strong>law</strong>, the Chief of defenceshall be Supreme commander of the armed forces.(2) Under the Supreme command, a general staff shall be established, in which allthe officials from the General staff of defence shall be included, as well as other structures,determined by the Supreme chief commander.Art. 116. (1) From the hour and day of the declared state of war or martial ale, theshall start the military service of:1. (amend. - SG 16/10, in force from 26.02.2010) the military servicemen and thestructures under Art. 50, Para 2;2. the reserves, who are at that moment in the armed forces;3. the military students.(2) For the persons, who have not been sworn, the war time service shall start afterthey are sworn in.(3) The reserves with mobilization appointment shall be considered at war timeservice from the moment of their notification.Art. 117. The war time service shall be organized and serviced in compliance withthe statutes of the armed forces and the acts of the Supreme chief commander.Art. 118. The payment of remunerations and compensations of the militaryservicemen servicing war time service shall be done under the terms and conditions,determined by a separate <strong>law</strong>.

Art. 119. The implementation of the contracts for training the military students inthe higher military schools shall be interrupted for the term of the war time service.Art. 120. Persons, not apt for war time service shall be set free from service in thearmed forces.Art. 121. The war time service in the armed forces shall be interrupted under termsand conditions, provided by the act for demobilization.Section II.State of EmergencyArt. 122. (1) In case of danger of drawing the Republic of Bulgaria into military andpolitical crisis political crisis or into a military conflict, in other than the cases under Art. 109and 111, on the territory of the country or on a part of it a regime of "state of emergency" maybe declared.(2) State of emergency shall be declared by a decision of the National Assembly orby a decree of the President of the Republic in an order established by the Constitution andshall be announced by all the mass media.(3) As a beginning of the regime "state of emergency" shall be accepted the hourand the day of its announcement and for its end - the hour and the day of revoking the regime.(4) The decision or the decree under Para. 2 shall determine the tasks, the number,the term of using and the chiefs of the formations of the armed forcesSection III.Measures and limitations in state of war, martial <strong>law</strong> and state of emergencyArt. 123. In case of declaring state of war, martial <strong>law</strong> or state of emergency thestate bodies and the armed forces shall:1. perform general mobilization with the exception of the cases of declaring state ofemergency;2. apply actions and measures for security of sites, threatened by terrorist acts;3. restrict or ban flights of civil aircrafts and introduce a special regime ofnavigation in territorial sea and the inland sea waters of the country;4. control or ban passing through the state border of the Republic of Bulgaria;5. restrict the movement on majour roads;6. restrict the movement of trains and establish control over the passengers andloads;7. restrict the free movements and establish control over the nationals and transport;8. control sites of the critical infrastructure of the country;9. restrict or ban the access to state institutions;10. in need of defence of the national interest, the life and health of nationals, shallalso apply other measures, which do not contradict the international acts, guaranteeing thedefence of human rights in conditions of war.

Art. 124. In case of declaring state of war or martial <strong>law</strong>, the Council of Ministersshall permit the use of the state reserves and war time reserves.Art. 125. (1) In case of state of war or martial <strong>law</strong>, the Minister of Defence, theMinister of Interior, the Minister of Foreign Affairs, the director of the National intelligenceservice and the President of the National security state agency shall give to the Supreme chiefcommander the full volume of information, related to the implementation of the defence tasksof the country.(2) In case of state of emergency, the directors of the institutions under Para. 1 shallgive to the Minister of Defence the full volume of information,, related to the implementationof the defence tasks of the country.Art. 126. In case of state of war or martial <strong>law</strong>, the Supreme chief commander shallassign the legal persons with war time tasks of the implementation of orders for supply orservices for the needs of the defence.Art. 127. The state and the armed forces shall not be responsible for damage of thirdpersons, when they were caused by performing combat actions and by defending the countryin state of war.Section IV.MobilizationArt. 128. (1) (amend. - SG 16/10, in force from 26.02.2010) The mobilization shallbe a process for transition of the armed forces and structures under Art. 50, Para 2 from peacetime to war time organization and activity.(2) The terms and conditions for conducting mobilization shall be determined by anordinance of the Council of Ministers.Art. 129. (1) The mobilisation shall be possible to be general or partial.(2) General mobilisation shall be done in case of:1. surprise armed attack or invasion of foreign troops on the territory of the country;2. announcing of regime "state of war";3. threat of armed attack or war and announcing regime "martial <strong>law</strong>" for theterritory of the whole country.(3) Partial mobilisation shall be done at announcing regime "martial <strong>law</strong>" for a partof the territory of the country an in other cases, requiring the conduct of mobilisation.(4) For the term of participation in mobilization event the reservers and theirfamilies may not be taken with force from the houses, where they live. The execution of thejudged against them court decisions and orders for taking out shall be stopped by the end ofthe service.Chapter six.GUARD AND DEFENCE ON THE TERRITORY OF THE REPUBLIC OFBULGARIA AND OF SITES OF CRITICAL INFRASTRUCTURE

Art. 130. (1) The protection of the airspace of the Republic of Bulgaria shall beimplemented by the Bulgarian Army.(2) (new - SG 16/10, in force from 26.02.2010) The control over aviation in theairspace of the Republic of Bulgaria during carrying out activities under para 1 shall beexercised by the Bulgarian Army jointly with specialized units of the Ministry of Transport,Information Technology and Communications, the Ministry of Interior, the Ministry ofForeign Affairs and State Agency "National Security" under terms and following a proceduredefined by an ordinance of the Council of Ministers.(3) (prev. text of para 2 - SG 16/10, in force from 26.02.2010) The guard of the stateborder of the Republic of Bulgaria shall be implemented by the relevant structures of theMinistry of Interior.Art. 131. (1) The defence of the territorial sea and the airspace of the country shallbe performed by the armed forces independently or jointly with formation of the armed forcesof allied states.(2) (amend. – SG 82/09, in force from 16.10.209) While performing the defence ofthe country, the regime of ships' sailing in the territorial sea, the internal waters, the ports andthe roadsters shall be determined by an act of the Minister of Defence in coordination with theMinister of Transport, Information technologies and Communications and the Minister ofInterior.(3) (amend. – SG 82/09, in force from 16.10.209) While performing the defence ofthe country, the regime of the flights in the airspace of the Republic of Bulgaria shall bedetermined by an act of the Minister of Defence and of the Minister of Transport, Informationtechnologies and Communications.Art. 132. (1) The armed forces shall implement the tasks of guard and defence ofsites of the critical infrastructure under terms and conditions, determined in the operativeplans.(2) The participation of military formations in prevention of terrorists acts and inovercoming the results of them shall be done in compliance with the plans of action in theseconditions.(3) Military formations of the armed forces may take part in the defence of sites ofthe critical infrastructure of other states and in overcoming the results of terrorist acts,occurred on the territory of neighbouring states, under the terms and conditions, determinedby an international agreement.Chapter seven.MILITARY SERVICESection I.General ProvisionsArt. 133. (amend. – SG 16/10, in force from 26.02.2010) (1) The military service isa special purpose state unit for training and conducting military defence of the country. Thecitizens admitted to a military service shall be military servicemen.(2) The military service in peacetime shall be performed as a profession at theMinistry of Defence, the Bulgarian Army, the units directly subordinate to the Minister ofDefence, as well as in other state authorities and departments under terms and following a

procedure laid down in this Law, the Regulations for its implementation, the statutes of thearmed forces or the concluded contract.Art. 134. (amend. – SG 16/10, in force from 26.02.2010) The military service shallbe carried out throughout the country and beyond.Art. 134a. (new – SG 16/10, in force from 26.02.2010) (1) The military service legalrelations shall be initiated on the grounds of military service contract.(2) By the military service contract shall obligatory be defined the name of theposition a military serviceman is occupying, the military rank corresponding to it, the periodfor which it shall be occupied, the training conditions and the terms of raising thequalification, the terms and the procedure for career development, his/her rights, duties andthe parties to the contract.Art. 135. (amend. – SG 16/10, in force from 26.02.2010) (1) The militaryservicemen shall be officers, officer candidates, sergeants (major) and soldiers (sailors).(2) The cadets shall be military servicemen with a special status.Art. 136. (1) The officers, occupying positions, requiring higher officer ranks shallbe high command staff.(2) The positions, which require high officers ranks shall be approved by thePresident of the Republic upon proposal of the Council of Ministers.Art. 137. In accepting the military service, the military servicemen shall havemilitary ranks.be:Art. 138. (amend. – SG 16/10, in force from 26.02.2010) The military ranks shallIn the Land and Air ForcesIn the Naval Forces1. Soldier ranksPrivate I classSeaman I classPrivate II classSeaman II classPrivate III classSenior seaman I classCorporal I classSenior seaman II classCorporal II classLeading seaman2. Sergeant ranks Senior ranksJunior sergeantSergeant II classSergeantSergeant I classSenior sergeantChief sergeantSergeant majorPetty OfficerWarrant officerWarrant officer3. Candidate officer ranksCandidate officer I classCandidate officer I classCandidate officer II classCandidate officer II class4. Junior officer ranks

LieutenantSenior lieutenantCaptain5. Senior officer ranksMajorLieutenant-colonelColonel6. High officer ranksBrigadier-generalMajor-generalLieutenant GeneralGeneralLieutenantSenior lieutenantCaptain-lieutenantCaptain III rankCaptain II rankCaptain I rankBrigadier admiralRear admiralVice admiralAdmiral(2) The cadets at the higher military schools shall be given the following ranks:1. cadet;2. cadet – junior sergeant (at the Military Medical Academy – cadet-sergeant majorof second class);3. cadet - sergeant(at the Military Medical Academy – cadet - sergeant major of first class);4. cadet - senior sergeant (at the Military Medical Academy – cadet –chief sergeantmajor);5. cadet - sergeant major (at the Military Medical Academy – cadet - midshipman).Art. 139. (amend. – SG 16/10, in force from 26.02.2010) The admittance to militaryservice and its carrying out by the military servicemen shall be based on the principle of nondiscrimination,providing equal opportunities for professional realization according torequirements and criteria for holding positions at the armed forces, set in advance.Art. 140. (1) While carrying out the military service, only the Bulgarian languageshall be used.(2) For carrying out concrete task, the military servicemen may use anotherlanguage.Art. 141. (1) On military service shall be admitted Bulgarian nationals, who shallrespond to the following requirements:1. (suppl. – SG 16/09, in force from 26.02.2010) they have higher education in thesubject for which they apply – for the officers and high education – for the officer candidates,the sergeants (major) and the soldiers (seamen);2. (suppl. – SG 16/09, in force from 26.02.2010) they are not older than 40 years –for the officers, 33 years – for the officer candidates, sergeants (majors) and 32 years – for thesoldiers (seamen);3. they are fit for military service;4. they have not been convicted for premeditated crime of general nature,notwithstanding the rehabilitation;5. there is no penal procedure for premeditated crime of general nature against them;6. they have no other nationality;7. they have not been suspended from military service because of imposeddisciplinary punishment "suspension";

8. they cover the requirements for physical fitness, determined by an act of theMinister of Defence;9. (new – SG 16/09, in force from 26.02.2010) are psychologically fit.(2) (amend. – SG 16/10, in force from 26.02.2010) The fitness for military serviceunder para 1, item 3 shall be determined by military-medical bodies under terms andconditions, determined by an act of the Minister of Defence.(3) (amend. – SG 16/10, in force from 26.02.2010) Whether a person ispsychologically fit for military service shall be decided by specialized units and psychologicalsecurity bodies under terms and following a procedure defined by an act of the Miniser ofDefence.(4) The Minister of Defence may determine positions for soldiers (seamen), whomay be occupied by persons with basic education, where the occupation of the position doesnot require access to classified information.(5) (amend. – SG 16/10, in force from 26.02.2010) The Minister of Defence maydetermine positions for military servicemen, which may be occupied by Bulgarian citizenswith double nationality, while observing the requirements of the Law on Protection of theClassified Information.Art. 142. (amend. – SG 16/10, in force from 26.02.2010) (1) The terms andconditions for admittance in the military academies, the higher military schools andprofessional colleges shall be determined by an ordinance of the Minister of Defence.(2) The cadets shall conclude military service contracts, provided that in the term ofsuch contracts is included the period of training. For the period of training at higher militaryschools the cadets are being prepared for conducting military service as a profession, and shallbe provided with the following:1. full state maintenance;2. free medical care;3. options at the collective managing bodies of the higher medical school;4. 30 calendar days off per year under terms and following a procedure laid out inthe rules of the structure and the activity of the higher military schools;5. scholarships under terms and following a procedure defined in an act by theMinister of Defence;6. compulsory insurance against death and inability to work resulting from amaccident during or on occasion of fulfillment of duties related to their military servicetraining;(3) The time during which cadets are being trained shall be considered as length ofservice.(4) The rights and duties of the students under para 1 shall be determined by therules of procedure and activity of the military academies and of the higher military schoolsand in the contract for education.(4) Cadets who raise their ranks as per Art. 138, para 2 by an order of the Head ofthe higher military school under terms and following a procedure set out by the regulations forthe structure of its activity.(5) The cadets, who have finished their education shall be obliged to do the militaryservice for the term of at least 10 years.(6) The rights and duties of the persons trained according to para 1 shall be definedby the regulations for the structure and the activity of the military academies and highermilitary schools, as well as by the military service contracts.

Art. 143. (1) (amend. – SG 16/10, in force from 26.02.2010) For the needs of thedefence, the Minister of Defence or official, authorized by him may conclude contract with astudent in higher school in this country or abroad for granting a scholarship and otherconditions in relation with the education, in view to acquiring professional qualification forimplementing service in the Ministry of Defence, the units directly subordinate to the Ministerof Defence and the Bulgarian Army for the term of at least 1o years.(2) Contract, under the conditions of Para. 1 may be concluded also with a student ina high school or professional college. The contract shall be concluded with the student, and ifhe is under aged – with the agreement of his parents or guardian.(3) The selection of the students and schoolboys under Para. 1 and 2 shall be done ina procedure, determined by an act of the Minister of Defence.Art. 144. (1) (amend. – SG 16/10, in force from 26.02.2010) Following acompetition, to military service shall also be admitted a person, who has finished civil high orhigher school. He shall pass initial and special military preparation at a higher military school,at a professional college or training centre, except in those cases where persons have alreadyconducted military service.(2) The terms and conditions for conducting the competitions, as well as foracquiring promotion of the military qualification of the persons under Para 1 shall bedetermined by the rules for implementation of the <strong>law</strong>.(3) (amend. – SG 16/10, in force from 26.02.2010) The term of the contract with thepersons under para 1 may not be less than 7 years – for the officers, 5 years – for officercandidates and sergeants (majors) and 3 years – for the soldiers (seamen).(4) (revoked – SG 16/10, in force from 26.02.2010)(5) (revoked – SG 16/10, in force from 26.02.2010)Art. 145. (1) After finalizing the education for the needs of the Ministry of Defencein view to raising the qualification or acquiring new qualification by the military servicemen,the terms under Art. 142, Para. 5, Art. 143, Para. 1 and Art. 144, Para. 3 shall be extendedafter:1. graduation of military academy – with 5 years;2. acquiring educational and scientific degree of Ph.D. – with 5 years;3. acquiring educational-qualification degree of Master on civil subject – with 4years;4. acquiring educational-qualification degree of Bachelor on civil subject – with 3years;5. finishing professional college – with 5 years;6. finishing a course of more than 6 months – with 2 years.(2) In guilty failure to implement the obligation under Para. 1, the militaryserviceman shall return to the Ministry of defence the expenses for the education, in referenceto the failure of implementation.Section II.Admittance, implementation and suspension from military serviceArt. 146. The admittance to military service, appointment and suspension fromposition and from military service, as well as promotion and reduction of military servicemenin military rank shall be performed

1. to the officers of the higher command staff – with a decree of the President of theRepublic, upon proposal of the Council of Ministers; the decree of the President shall besigned also by the Prime Minister; the implementation of the decree shall be assigned to theMinister of Defence;2. to the rest of the officers – by an order of the Minister of Defence, or of anofficials, authorized by him;3. (amend. – SG 16/10, in force from 26.02.2010) to officer candidates the sergeants(majors) and to the soldiers (seamen) – by an order of the Minister of Defence or officials,authorized by the latter.Art. 147. (1) (amend. – SG 16/10, in force from 26.02.2010) In order to be admittedto military service in the Ministry of Defence, the units directly subordinate to the Minister ofDefence and the Bulgarian Army, the applicant shall file a written application.(2) The application under Para 1 shall have attached the needed documents foroccupying the relevant position, determined by an act of the Minister of Defence.(3) (amend. – SG 16/10, in force from 26.02.2010) While filing the application, theapplicant shall provide a court reference and shall sign a declaration for availability of thecircumstances under Art. 141, Para 1, items 5 – 7.(4) (amend. – SG 16/10, in force from 26.02.2010) Upon admittance to highermilitary schools the candidates shall provide a court reference and shall sign the declarationunder para 3.Art. 148. (amend. – SG 16/10, in force from 26.02.2010) (1) The military servicecontracts shall be concluded with the Minister of Defence or by an official authorized by thelatter.(2) The procedure and the additional terms for concluding the military servicecontract shall be defined by the regulations for implementation of the <strong>law</strong>.Art. 148a. (new – SG 16/10, in force from 26.02.2010) (1) Upon signing a militaryservice contract the military servicemen shall submit a declaration on their property state andincome, a declaration stating that they are not members of any political party and adeclaration for absence of the circumstances as per Art. 188.(2) In case of change in their property state, the military servicemen shall submitdeclaration within one month from its occurrence.Art. 149. (1) (amend. – SG 16/10, in force from 26.02.2010) Military servicemenshall be enrolled at the location of the service within 10 days from the date on which themilitary service contract has been concluded, and shall be obliged to swear an oath, which iscertified by signing a sworn list and an act for entry into service.(2) The contents of the military oath is: "I swear in the name of the Republic ofBulgaria to serve honestly to my people, to observe the Constitution, the <strong>law</strong>s of the countryand the statutes of the armed forces, to fulfill implicitly the orders of my commanders andchiefs, bravely to defend the entity and independence of my Fatherland and if needed to givemy life for it, for the military honour and for the glory of the combat banner! I swore!"(3) (amend. – SG 16/10, in force from 26.02.2010) If owing to circumstancesbeyond their control, a military serviceman does not appear at his place of appointment ordoes not swear an oath within the term fixed in para 1, a new term shall be set.Art. 150. (Revoked - SG 16/10, in force from 26.02.2010)

Art. 151. (Revoked - SG 16/10, in force from 26.02.2010)Art. 152. (amend. – SG 16/10, in force from 26.02.2010) (1) Te appointedserviceman fails to file the declarations under Art. 148a, para 1, fails to appear at his place ofappointment within the term or fails to swear an oath the legal relation on fulfillment of themilitary service shall be considered never occurred, unless there are reasons beyond his/hercontrol.(2) The fulfillment of the military service is initiated from searing military oath andentry into office.Art. 153. Occupying positions by military service men, acquiring and raising theirprofessional qualification, the career and personnel development shall be done whilerespecting their interests and military service.Art. 154. (1) The military servicemen shall be promoted in military rankconsistently.(2) (Revoked - SG 16/10, in force from 26.02.2010) \(3) The military service men may be promoted in military rank posthumously, oncewith one grade.(4) The terms and conditions for promotion in military rank, the minimum andmaximum term for staying in military rank and position shall be determined by the Rules forimplementing the <strong>law</strong>.Art. 155. (1) The military servicemen shall be reduced in rank in the order of itsacquiring under conditions, determined by the rules for implementing the <strong>law</strong>.(2) Deprivation of military rank shall be done only in judicial procedure.(3) (suppl. – SG 16/10, in force from 26.02.2010) The military ranks "private of 1stclass" and "seaman of 1st class " may not be deprived.Art. 156. (1) The terms and conditions for reappointment and for suspension ofposition and for rotation of the senior officers shall be determined by the rules forimplementation of the <strong>law</strong>.(2) The rotation is passing of the senior officers through different positions in one ordifferent management levels for acquiring management experience.Art. 157. (1) The military servicemen shall be attested every year in view toproviding their career and personnel development.(2) The attestation shall be done in a system of criteria, through which the personalcharacteristics, attainment of preliminary coordinated professional objectives, the level offulfillment of obligation and professional competencies of the military servicemen areevaluated.(3) (amend. – SG 16/10, in force from 26.02.2010) The criteria, terms and theprocedure for attestation shall be determined by an act of the Minister of Defence.Art. 158. (1) A military serviceman may be temporarily suspended from positionunder the terms and conditions of the Penal-procedure Code.

(2) When the penal procedure towards the military serviceman is interrupted, he hasbeen acquitted or sentenced for unpremeditated crime of general nature, the militaryserviceman shall be reinstated to the position. The term for the suspension shall be consideredfor term of office under this <strong>law</strong> and shall be paid compensation in the amount of hisremuneration for the period of his suspension.Art. 159. (1) The commander or the chief may suspend temporarily from service amilitary serviceman, who appears in a state, which stops him from fulfilling his official dutiesor after having drunk alcohol or used narcotic substances.(2) The terms and conditions for prevention, control and establishment of the fitnessfor military service after having drunk alcohol or used and/or been addicted to narcoticsubstances shall be determined by an ordinance of the Minister of Defence.Art. 160. (1) The age limit for military service shall be:1. (amend. - SG 16/10, in force from 26.02.2010) for the soldiers (seamen) - 45years of age;2. (suppl. – SG 16/10, in force from 26.02.2010) for the sergeants (major), candidateofficers and junior officers - 50 years of age;3. for officers with the rank "major" ("captain III rank") - 51 years of age;4. for the officers with the rank "lieutenant colonel" ("captain II rank") - 52 years ofage;5. for the officers with the rank "colonel" ("captain I rank") - 55 years of age;6. for the officers "brigadier - general" ("brigadier admiral") - 57 years of age;7. (amend. - SG 16/10, in force from 26.02.2010) for the officers with the rank"major-general" ("rear admiral") - 58 years of age;8. (amend. - SG 16/10, in force from 26.02.2010) for the officers with the rank"lieutenant-general" ("vice admiral") - 59 years;9. for the officers with the ranks "general" (admiral) - 60 years.(2) (amend. - SG 16/10, in force from 26.02.2010) The age limit for the officerswith the military rank "colonel", who occupy position, for which an academic degree isneeded, is 57 years of age.(3) (amend. - SG 16/10, in force from 26.02.2010) Upon decision of the Minister ofDefence, the persons having academic degree "associate professor" or "senior researchassociate II degree" and "professor" or "senior research associate I degree" may continue tooccupy the positions till they reach 60 years of age.Art. 161. (amend. - SG 16/10, in force from 26.02.2010) Military service contractsshall be discontinued:1. for the officers of the senior command staff – by an order of the Minister ofDefence on the grounds of a decree by the President of the Republic for exemption of militaryservice upon proposal by the Council of Ministers;2. for the rest of the officers – by an order of the Minister of Defence or by persons,authorized by him;3. for officer candidates, sergeants (major) and the soldiers (seamen) – by an orderof the Minister of Defence or officials, authorized by the latter.Art. 162. (amend. - SG 16/10, in force from 26.02.2010) The military servicecontract shall be discontinued and the military serviceman shall be exempted from militaryservice, none of the parties being obliged to give prior notice:

1. at mutual agreement of the parties, in writing, the party to which the proposal issent, shall be obliged to take a stand on it and to inform the other party within 30 day term; incase that it fails to do that, it is considered that the proposal has not been admitted;1a. (new - SG 16/10, in force from 26.02.2010) by the time the set term expires;2. at accomplishing the age limit by the military serviceman;3. (amend. - SG 16/10, in force from 26.02.2010) at occurred lack of fitness formilitary service or psychological unfitness, ascertained by the military medical bodies,respectively by the bodies as per Art. 141, para 3;4. at taking a paid election position with the exception of the cases under Art. 187,Para 3;5. at refusal of the military serviceman to accept the proposed position, as providedby Art. 206, Para 3;6. in cases, where the military service man fails to appear at the position within theterm under Art. 172, Para 2, unless this term is not kept due to valid reasons;7. in case of death of the military serviceman.Art. 163. (1) (amend. - SG 16/10, in force from 26.02.2010) The military servicecontract shall be discontinued and the military serviceman shall be exempted from militaryservice by a written notice by the military service man to the Minister of Defence,respectively to the authorized by him officials under Art. 161, items 2 and 3.(2) The term of the notice shall be 3 months and shall start to run from the day,following the receiving of the notice. It may be withdrawn by its expiry with the agreement ofthe Minister of Defence, respectfully of the officials, authorized by him, under Art. 161, p. 2and 3.Art. 164. (amend. - SG 16/10, in force from 26.02.2010) The military servicecontract may be discontinued and the military serviceman may be exempted from militaryservice, provided that the Minister of Defence, or officials authorized by him under Art. 161,items2 and 3 shall give to the military serviceman 6-month notice in cases of:1. organization-personnel changes or in case of full or partial liquidation on the basisof an act of the Council of Ministers, or in cases of cutting the number of the armed forces oftheir formations, upon decision of the National Assembly, unless this decision has some otherterm of giving notice;2. (amend. - SG 16/10, in force from 26.02.2010) amendment of the requirementsfor occupying the position according to the Classifier of military service positions at theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army, if the military serviceman fails to fulfill them;3. (amend. - SG 16/10, in force from 26.02.2010) expiry of the maximum term forremaining on the same senior officer's rank and impossibility the military serviceman to beproposed a position, requiring higher military rank and corresponding to his/her education andprofessional qualification;4. expiry of the maximum term for staying in a position and impossibility to beoffered a position, corresponding to the education and the professional qualification of themilitary serviceman;5. acquiring the right to pension under the conditions of Art. 69 of the Socialsecurity Code.

Art. 165. (amend. - SG 16/10, in force from 26.02.2010) The military servicecontract shall be discontinued and the military serviceman may be exempted from militaryservice without prior notice:1. (suppl. - SG 16/10, in force from 26.02.2010) in case the ground out foradmittance to military service under Art. 141, Para 1, item 6 no longer exists, except for thecases referred to in Art. 141, para 5;2. in case, where after being admitted to military service, the person fails to finishhis education for acquiring the military qualification;3. in case of imposing a disciplinary punishment "dismissal";4. from the date of registration of the military serviceman as a candidate to anelection position by a political party or coalition in election for the President, Vice-Presidentof the Republic of Bulgaria, M. P.s, members of the European Parliament from the Republicof Bulgaria, municipal counsellors or Mayors;5. (amend. - SG 16/10, in force from 26.02.2010) in case of establishedincompatibility under Art. 188;6. (revoked - SG 16/10, in force from 26.02.2010)7. (amend. - SG 16/10, in force from 26.02.2010) upon refusal of disclosure,deprivation of the permission for access to classified information or in case of refusal by themilitary serviceman to submit the documents required for research under the terms andfollowing the procedure laid down in the Law for the Protection of the Classified Information;8. (amend. - SG 16/10, in force from 26.02.2010) in case of expiry of the maximumterm for remaining on the senior officer's ranks and refusal by the military serviceman tooccupy the offered position, requiring higher military rank and corresponding to hiseducational and professional qualification;9. in cases of expiry of the maximum term for staying in a position and refusal bythe military serviceman to occupy the offered position, corresponding to his educational andprofessional qualification;10. (Revoked - SG 16/10, in force from 26.02.2010)11. in case of an established conflict of interests, under the Law on Prevention andDisclosure of Conflict of Interests, by an act, come into force.Art. 166. (1) (amend. - SG 16/10, in force from 26.02.2010) The chiefs of theMilitary Information service and Military Police service shall interrupt or propose to theMinister of Defence termination of the military service contract without prior notice, in caseof:1. ineffective fulfillment of the position occupied under cover;2. behaviour, incompatible with the norms and requirements of the ethic code of thepersonnel of the relevant office.(2) The procedure for interruption of the legal relations under Para. 1 shall bedetermined by the rules under Art. 100, Para. 5.Art. 167. (1) (amend. - SG 16/10, in force from 26.02.2010) In the cases under Art.164, items 1 and 2, within the term of the prior notice the military servicemen may apply foroccupying a new position.(2) The terms and conditions for applying for appointment at the positions underPara. 1 shall be determined by the rules for implementation of the <strong>law</strong>.Art. 168. (amend. - SG 16/10, in force from 26.02.2010) The party, which has theright to terminate the military service contract with a notice, may interrupt it also before the

term of notice expires, owing to the other party compensation in the amount of the grossmonthly remuneration for not having kept the term of giving notice.Art. 169. (amend. - SG 16/10, in force from 26.02.2010) The military servicemen,having acquired the right to pension under the conditions of Art. 69 of the Code of SocialInsurance, shall be discharged from military service upon their request by the Minister ofDefence or the officials authorized by the latter as per Art. 161, item 2 and 3.Art. 170. (1) (amend. - SG 16/10, in force from 26.02.2010) The military servicecontract shall be discontinued from the date of handing in the order for discharge frommilitary service, unless in the cases under:1. Art. 162, p. 2 – from the date of accomplishing the age limit;2. Art. 162, p. 7 – from the date of death.(2) The order for discharge from military service shall be handed in to the militaryserviceman after a signature and the date of handing in shall be indicated. In case that themilitary serviceman refuses to sign the order, the refusal shall be established by the signatureof 2 witnesses, and in case of failure to appear, the order shall be sent to his permanentaddress by a registered letter with advice of delivery.Art. 171. (amend. - SG 16/10, in force from 26.02.2010) (1) The militaryservicemen may appeal the order for discontinuing the military service contract anddischarging from military service, as provided by the Administrative Procedure Code.(2) The appeal of the order for termination of the military service contract anddischarge from military service shall not stop its fulfillment.(3) State fees shall not be collected on the procedure under para 1.Art. 172. (1) In case of repeal of the discharge by the court, the military servicemanshall have the right to compensation in the amount of his monthly remuneration for the time,during which he was jobless, but not longer than 6 months. If he had worked on a lower paidjob during that period, he shall have the right to the difference in the remunerations.(2) In cases, where the order for discharge is repealed, the military serviceman shallbe reappointed within 2 months to the previous or another position, which corresponds to hismilitary rank and professional qualification, if he files a written application to the Minister ofDefence within 14 days after the judicial decision has come into force.Art. 173. The military serviceman may claim for compensation for property andnon-property damages, caused to him in reference to fulfillment of the military service.Art. 174. (1) (amend. - SG 16/10, in force from 26.02.2010) The militaryservicemen shall wear uniform and insignia, defined by an order of the Minister of Defence.(2) The rules for wearing the uniform and insignia shall be determined by thestatutes of the armed forces.(3) (new - SG 16/10, in force from 26.02.2010) By the order under para 1 theMinister of Defence shall define the procedure for wearing a uniform and insignia by retiredmilitary servicemen, war veterans and war disabled persons.Art. 175. (1) Every military serviceman shall have opened and kept an official file.

(2) The official file shall contain facts and circumstances on the admittance anddischarge from military service, the career and personnel development, the attestations,encouragements and distinctions he has received, imposed punishments, changes inqualification, as well as other facts and circumstances, related to his activity as militaryserviceman.(3) The official files shall be kept and used in a procedure, determined by the rulesfor implementation of the <strong>law</strong>.(4) The military serviceman shall have the right to be aware of his official file, aswell as to receive a certified copy of it when discharged from military service, whileobserving the Law on Protection of the Classified Information.Art. 176. Issues, unsettled in this Section on the organization and procedure foradmittance, fulfillment and discharge from military service shall be provided by the rules forimplementation of the <strong>law</strong> and by the statutes of the armed forces.Section III.Status of the military servicemenArt. 177. (1) The military servicemen shall benefit from protection by the statewhile fulfilling their duties.(2) The protection of the military serviceman’s dignity and honour shall beobligation of the state bodies and officials on the territory of the Republic of Bulgaria andoutside it.Art. 178. (1) (amend. - SG 16/10, in force from 26.02.2010) The militaryservicemen shall be obliged to implement the statutes, the legal and administrative acts of theDefence managing bodies, the defence and armed forces management officials as well as theorders of the commanders and chiefs.(2) The orders shall be issued in relation with the service and if needed, there shouldbe indications enclosed for their implementation. They shall not impair the personal dignity ofthe submitted persons, nor should they impose evident legal violation.Art. 179. (1) The commanders and chiefs shall bear responsibility for the life andhealth of the military servicemen while fulfilling their duties of the military service.(2) During the peace tile military service, the military servicemen shall be providedwith healthy and safe conditions for fulfillment of their official duties.(3) The military servicemen may be assigned with tasks in conditions of directdanger for their health and life under terms and conditions, determined by the statutes of thearmed forces. In these cases measures for limiting the dangerous factors shall be taken(4) The commanders and chiefs shall be obliged to respect the rights, to keep thehonour and dignity of their submitted, to take care of them and to request from them to fulfilltheir obligations conscientiously, exactly and on time.Art. 180. The status of the military service men, fulfilling military service of theterritory of another state, shall be determined in compliance with this <strong>law</strong>, with the applicableinternational agreement and the rules for using force.

Art. 181. The military service men, who during military actions have been internedon the territory of another state or taken prisoners, shall keep their status of military servicemen under this <strong>law</strong>.Art. 182. (1) The military servicemen shall not have the right to be members ofpolitical parties, movements or coalitions with political purposes and to undertake actions inservice, which would violate the political neutrality.(2) The military servicemen shall not perform propaganda and agitation activity infavour or harm of political parties, movements or coalitions with political purposes, ofsyndicate organizations and of candidates for election positions.(3) (suppl. - SG 16/10, in force from 26.02.2010) The military servicemen shall notparticipate in sessions, meetings and manifestations of political parties, movements orcoalitions with political purposes in those cases where they wear military uniforms.(4) The military servicemen shall not be obliged to declare their political, religiousor ideological convictions in reference to taking or fulfilling the service.Art. 183. (1) (suppl. – SG 16/10, in force from 26.02.2010) The military servicemenshall not refuse to fulfill their official duties on religious motives or to perform religious,atheist, political and ideological propaganda, while fulfilling their duties in service.(2) (suppl. – SG 16/10, in force from 26.02.2010) Creating religious, atheist,political and ideological communities in the military formations shall not be admitted.Art. 184. The military servicemen shall not be entitled to strike and to engage intrade union activities.Art. 185. The military servicemen - physicians and doctors in dental medicine,master-pharmacists, medical nurses, obstetricians and associated medical nurses may bemembers in the relevant professional organisations.Art. 186. (1) (amend. and suppl. – SG 16/10, in force from 26.02.2010) In peacetimethe military servicemen shall be able to associate for implementing activities of mutualinterest. These activities shall be implemented out of service time, out of the units of thearmed forces and shall not affect the combat readiness, the training, the discipline, the moralspirit of the personnel and violate the established order and undivided authority in theMinistry of Defence, in the units directly subordinated to the Minister of Defence and theBulgarian Army.(2) The issues, connected with the defence policy of the state, the militaryconstruction, the training, the combat readiness and the mobilisation of the armed forces, theirsupport with staff, arms, hardware and other possessions shall not be possible to be subject ofactivity of the associations under Para 1.(3) The associations may be members of similar international organizations.(4) (amend. – SG 16/10, in force from 26.02.2010) The relations between theservicemen associations and the Ministry of Defence shall be regulated by agreements.Art. 187. (1) The military servicemen shall be able to be candidates and to beelected as President and Vice-President of the Republic of Bulgaria, as Members ofParliament, members of the European Parliament, municipal councillors or mayors underconditions, determined with a <strong>law</strong>.

(2) (suppl. – SG 16/10, in force from 26.02.2010) The military servicemen who areregistered as candidates for elected bodies by political parties and coalitions, shall be exemptfrom military service following an approval of the registration by the respective electioncommission.(3) (amend. – SG 16/10, in force from 26.02.2010) A military serviceman who iselected as a President, Vice President of the Republic, a Member of Parliament, a Member ofthe European Parliament, municipal councillor or a mayor from an independent list, shall beconsidered in unpaid leave for the time of their mandate and after the termination of theirpowers shall be ensured to take another position according to their military rank andqualification.Art. 188. (1) The military servicemen shall not be able to implement other stateoffice unless the cases, provided by the <strong>law</strong>.(2) (amend. – SG 16/10, in force from 26.02.2010) There is incompatibility with themilitary service at the Ministry of Defence, the units directly subordinate to the Minister ofDefence and the Bulgarian Army, in those cases where the military serviceman:1. is in a direct hierarchical relation of direction and control with another militaryserviceman as a spouse, relative of first line without limitation, in collateral branch of thefamily, including in <strong>law</strong>s to second line including;2. (amend. – SG 16/10, in force from 26.02.2010) is one man trader, partner in acommercial company, commercial commissioner, procurator, commercial representative,middleman, liquidator, trustee in bankruptcy, or a member of the managing or control bodiesof the trade company or cooperation;3. (suppl. – SG 16/10, in force from 26.02.2010) performs commercial activity orworks under employment relationships;4. (amend. – SG 16/10, in force from 26.02.2010) works on a civil contract, unlessfor performing teaching, scientific research, sport-competition or other creative activity;5. has been registered as a candidate at election position by a political party orcoalition.(3) (amend. – SG 16/10, in force from 26.02.2010) Where any incompatibility underpara 2, item 1 has been established, the military serviceman shall be offered another positioncorresponding to his/her military rank and qualification. If the person refuses to occupy theposition offered or if it is not possible to offer such within a month from ascertaining thisimpossibility, the military service contract shall be discontinued pursuant to Art. 165, item 5.(4) (prev. text of para 3 – SG 16/10, in force from 26.02.2010) The possession ofshares, participation in cooperations with agricultural lands or forests and in housingconstructions shall not be deemed as commercial activity within the meaning of para 2, item3.(5) (prev. text of para 4 – SG 16/10, in force from 26.02.2010) There is noincompatibility with the position in case of participation in non-profit legal persons.(6) (prev. text of para 5 – SG 16/10, in force from 26.02.2010) The militaryserviceman shall file a declaration about the circumstances under Para 1 and Para 2, items 1 –4 within 7 days after their occurrence. Declaration shall be filed about the circumstancesunder Para 2, item 5, together with the application for registration in the correspondingelection commission.Art. 188a. (new – SG 16/10, in force from 26.02.2010) (1) The military servicemenshall be obliged to declare pursuant to the Law on Prevention and Disclosure of Conflict ofInterests any private interest they have in relation to the functions of the respective unit ormilitary formation in which they perform their military service.

(2) The military servicemen shall not take part in the discussion, preparation anddecision making process if they themselves or persons related to them are interested in therespective decision or if they have certain relations with the interested persons arousingreasonable doubts that they are not impartial.(3) In the cases of para 2 the military servicemen shall notify in writing the Ministerof Defence, respectively the officials authorized by the latter according to Art. 146, items 2and 3.(4) If the circumstances referred to para 1 are present, the military servicemen shallbe discharged from their duties in relation to occurred conflict of interest under para 1.Art. 188b. (new – SG 16/10, in force from 26.02.2010) (1) The military servicemenmay not receive or facilitate the receiving for themselves or persons related to them anypresents, donations, trips, hotel accomodations, providing hospitality, discounts from duepayments, preferential loans or other profits or services, leading to exertion of influence overthe fulfillment of their duties in favour of the persons offering the said profit or service.(2) The military servicemen may not use their official status for the purpose ofderiving benefits for themselves or persons related to them even if the said benefits would notinfluence the fulfillment of their offficial duties.(3) The military servicemen may not give or offer presents or provide other servicesleading to exertion of influence over the fulfillment of the duties of the addressee.(4) Accepting and offering presents or other benefits on the grounds of the officialstatus shall be considered corrupt practice.(5) The military servicemen shall have the right to accept presents amounting up to50 percent of the minimum salary fixed in the state once in a calendar year.Art. 189. (1) The military servicemen shall be issued official cards, which shallcertify their official status while implementing their official duties.(2) The official card shall contain the number of the card, a photo, full name, placeof birth, the identity civil number, military rank, place of implementation of the militaryservice, blood group, term of validity etc.(3) The data under Para. 2 shall be written into the Bulgarian and the Englishlanguages.(4) The procedure for issuing, recording and destroying the official card under Para.1 shall be determined by and act of the Minister of Defence.Art. 190. The military servicemen shall have the right to carry and use official armsin a procedure, determined by the statutes of the armed forces.Art. 191. (1) In peace time the military servicemen may use the official arms as afinal measure in an armed attack or in a direct threat with weapon.(2) The military servicemen shall be obliged if possible to keep the life of theperson, against which is directed the use of the official weapon and not to threaten the life andhealth of other persons.(3) After using the official arm in the cases under Para. 1, the military servicemenshall be obliged to report in writing to their direct commander or chief.(4) Using official arm by the military servicemen, participating in internationaloperations and missions outside the territory of the country shall be provided by the rules forusing force.

Art. 192. (1) The military servicewomen shall benefit from special protection ofwomen under the Labour Code, with the exception of the right to house work and protectionin case of discharge.(2)The pregnant military servicewomen and those using pregnancy and birth-givingleave shall benefit from the special protection under the Labour Code in discharge.(3) (new - SG 16/10, in force from 26.02.2010) In the cases of para 2 the leave forpregnancy and childbirth shall be used following a procedure set out in the regulations forimplementation of the <strong>law</strong>.Section IV.Obligation for working time and obligation for disposalArt. 193. (1) Military servicemen shall be obliged at any time of day and night to beat disposal for fulfilling their duties, connected with military service.(2) The obligation for disposal in introducing the levels of combat readiness of thearmed forces shall be provided by the statutes of the armed forces.(3) When in leave, the military servicemen shall be obliged to point out the exactplace of stay and in case of summoning to appear for the performance of service duties in theterm determined by the commander or the chief, under conditions and order determined in theRules for the application of the <strong>law</strong> and in the statutes of the armed forces.Art. 194. (1) The normal duration of the working time of the military servicemenshall be 8 hours per day and 40 hours per week in a five day-working week.(2) The total duration of the working time of the military servicemen in the day andnight shall not be possible to exceed half of the maximum duration of the working time.(3) (amend. - SG 16/10, in force from 26.02.2010) In the cases of exceeding theoverall duration of working hours as per para 2, the military serviceman shall be paidremuneration for extra labour, as provided by Art. 214, Para 1, item3.(4) (amend. - SG 16/10, in force from 26.02.2010) For performing military serviceduring days off, the military serviceman shall be paid additional remuneration amounting to50 % of his/her basic remuneration, and during official holidays - 100%, calculated on hisbasic remuneration.(5) (suppl. - SG 16/10, in force from 26.02.2010) Paragraphs 1 - 4 shall not beapplied in military trainings, events and mobilization, planned with duration, bigger than oneday and night, as well as duties according to a schedule when a state of emergency isannounced, martial <strong>law</strong> and state of war.(6) The time for rest of the military servicemen shall not be included in the durationof the working time.(7) The order for allocation of the working time and for its accounting outside thenormal duration shall be provided by an act of the Minister of Defence.Art. 195. (1) The military servicemen shall be possible to be assigned to performduties under conditions and order determined in the statutes of the armed forces and the otherlegislative and administrative acts, issued by the Minister of Defence.(2) The maximum duration of the duty shall not be possible to exceed 24 hours, andin total – 168 hours per month.(3) The time of the duty shall be considered as office hours.

Art. 196. (amend. - SG 16/10, in force from 26.02.2010) In the cases when themilitary serviceman performs a scheduled duty he shall receive an extra remuneration underArt. 214, para 1, item 1.Section V.Rests and leavesArt. 197. (1) The military servicemen shall have the right to :1. paid annual leave in extent of 30 working days;;2. additional paid leave in extent of one day for each serviced year, but not morethan 10 working days.(2) The military servicemen in defined regions and activities shall have the right toadditional paid annual leave under conditions and by order, determined by the Minister ofDefence. This leave shall not be included in the extent of the additional leave of Para 1.(3) The military servicemen shall have the right to additional paid leave forapplication and training in higher schools with the extent determined in the Labour Code.(4) The military servicemen, certified as chronically sick, shall have the right toadditional paid leave up to 5 working days annually.Art. 198. (amend. - SG 16/10, in force from 26.02.2010) The commanders and thechiefs shall be obliged to make sure that military servicemen use their annual paid leave in thecorresponding calendar year. The postponement of the annual paid leave shall be allowed asan exception in those cases where it may not be used during the respective calendar year.(2) The commanders and the chiefs shall bear disciplinary liability if they do notensure the use of annual paid leave of military servicemen under the terms set out in para 1.Art. 199. It shall be prohibited to be compensated the leaves with moneyindemnification except in case of discharge from military service.Art. 200. (1) The military servicemen shall have the right to a leave for temporaryincapacity in extent determined by the military-medical bodies of the expertise of the workingcapacity.(2) During the leave under Para 1 the military servicemen shall not be dischargedfrom military service except for mutual agreement of the parties, in accomplished limit age orin the event of imposing disciplinary penalty dismissal.Art. 201. (1) (prev. text of Art. 210 - SG 16/10, in force from 26.02.2010) Themilitary servicemen shall have the right to a leave within 7 calendar days in cases of:1. contracting a marriage;2. birth or adoption of a child in the family;3. grave sickness or death of the wife (husband), child, parent or other relatives ofdirect line, brother, sister and parent of the other spouse;4. when the family has suffered from disasters, accidents or other extraordinarycircumstances;5. movement to service in another settlement.(2) (new - SG 16/10, in force from 26.02.2010) The leave as of para 1 shall not beincluded in the other leaves set out in this Law.

Art. 202. (1) To the military servicemen shall have the right to a leave in the caseswhere:1. they are summoned by a court or by other bodies as a party, witness or expert;2. they are blood donors - for the day of examination and blood donation, as well astwo days after it;3. (amend. - SG 16/10, in force from 26.02.2010) they participate in sessions asjurors.(2) The leave of Para. 1 shall not be included in the other leaves, determined by this<strong>law</strong>.Art. 202a. (new - SG 16/10, in force from 26.02.2010) (1) After returning from amilitary operation or mission outside the territory of the state, a military serviceman andhis/her family members shall be entitled to a free 7-day holiday at the recreation bases of theMinistry of Defence or a free 7-day recovery at a hospital for further treatment, long-termtreatment and medical rehabilitation at the Military Medical Academy. For the time of theholiday or recovery the military serviceman shall be entitled to additional paid leave, and tohis/her spouse the employer or the appointment authority shall allow paid leave.(2) The funds required under para 1 for the free holiday or recovery shall be plannedin the budget of the military operation or mission.Art. 203. (1) The military servicing women shall have the right to leave due topregnancy, giving birth and adoption, for raising a child, for suckling and feeding small child,for caring for sick child and to additional leave for two or more live children under theconditions, determined by the Labour Code.(2) The military servicemen shall be able to use leave for raising a child under theconditions of Para 1 in case of death or grave illness of the mother.Art. 204. (amend. - SG 16/10, in force from 26.02.2010) During the use of paidleave the military servicemen shall receive the gross monthly salary, including the basicmonthly remuneration and supplementary allowances of permanent nature at the moment ofthe beginning of the leave.Art. 205. (1) The regular servicemen shall have the right to unpaid leave up to 30days in one year, which shall be permitted by the corresponding commander or chief forimportant personal or family needs if the interests of the service allow this.(2) The regular servicemen shall have also the right to unpaid leave up to 6 monthswhich shall be possible to be used once in the whole term of service and shall be permitted bythe Minister of Defence, under the condition that they have not less than 10 years service inthe armed forces(3) During the time of the unpaid leave the military servicemen shall reserve theirstatute and the time of the leave shall be considered as worked time, as provided by this <strong>law</strong>.(4) An unpaid leave shall be possible to be used after the due paid leave has alreadybeen used.Art. 206. (1) The military servicemen may, with permission of the Minister ofDefence, apply for positions on limited contract in international governmental organizationsin the area of defence and security, member of which is the Republic of Bulgaria.

(2) For the time of implementation of the contract under Para. 1, the militaryservicemen shall be appointed to a temporary position abroad and shall be considered in anunpaid leave.(3) After expiry of the term of the contract under Para. 1, the military servicemenshall be offered a position, corresponding to their military rank and qualification.(4) The military servicemen may apply again for the position under Para. 1, if atleast 5 years have passed from the end of the previous contract and during this period haveimplemented military service on the territory of the country or in operations and missionsoutside of it.(5) During the unpaid leave, the military servicemen shall have their status, wherethe time of the leave shall be considered as length of service of 3rd category.Art. 207. (1) The leaves shall be used after a written permission by thecorresponding commander or chief.(2) The leaves for temporary incapacity, for pregnancy, for giving birth andadoption of a child shall be used after producing a medical list and notifying thecorresponding commander or chief.(3) In cases, where during the used paid annual leave, the military serviceman ispermitted to use another kind of paid leave, the annual paid leave shall be terminated uponhis/her request and the remaining days of the leave shall be used in addition.Art. 208. The procedure for permitting the leave to be used, for its postponing andtermination, shall be determined by the Rules for the implementation of this <strong>law</strong>.Art. 209. The military servicemen in peace time obligatory during the day shall beprovided a rest for meals during the working time.Art. 210. The military service men shall have the right to a minimal not interruptedrest between the weeks of 48 hours. In cases, where the rest cannot be used because of officereasons, the military service men shall have provided a relevant rest during time, determinedby the commander or chief.Art. 211. (amend. - SG 16/10, in force from 26.02.2010) The Minister of Defencemay announce holidays for the military servicemen and the civil employees in the Ministry ofDefence, the units directly subordinate to the Minister of Defence and the Bulgarian Armyapart from those, announces in the Labour Code.Section VI.Remunerations, health and social security of the military servicemenArt. 212. (1) The military servicemen shall have the right to a basic monthlyremuneration, corresponding to their military rank and the level in the scope of the militaryrank.(2) The amount of the basic monthly remuneration under Para. 1 shall be determinedby an act of the Council of Ministers, upon proposal of the Minister of Defence.(3) The basis for determining the amount of the basic monthly remuneration for thelowest position shall be determined every year by the Law on the State Budget of the

Republic of Bulgaria, where the monthly remuneration is raised with a coefficient in referenceto the base, as follows:1. for officers - not less than 2,2;2. (suppl. - SG 16/10, in force from 26.02.2010) for officer candidates and sergeants– not less than 1,75;3. for soldiers (seamen) – not less than 1,6.Art. 213. (amend. - SG 16/10, in force from 26.02.2010) The military servicemenshall be paid supplementary allowances for length of service on top of the basic monthlyremuneration amounting to 2% for each year of service, however not exceeding 40 percent.Art. 214. (1) The military servicemen shall be paid supplementary allowances for:1. specific conditions in implementing the military service;2. risk of life and health, which cannot be removed, limited or reduced;3. implementation of assigned duties apart from the established office time;4. (amend. - SG 16/10, in force from 26.02.2010) educational and scientific degree"Doctor" or "Ph.D.", required fro the position they hold;5. (amend. - SG 16/10, in force from 26.02.2010) achieved high results in the officeactivity;6. other cases, established in a legislative act.(2) The supplementary allowances under Para 1, items 1 - 5 shall be determined byan act of the Minister of Defence.(3) (revoked - SG 16/10, in force from 26.02.2010)(4) The military servicemen in Military Police and Military Information, thesupplementary allowances under Para 1. items 2 and 5 shall be paid under terms and conditionand in amount, determined by an act of the Minister of Defence, upon proposal of the chief ofthe relevant office.(5) The military service men from the Military-medical academy shall be also paidremunerations for work in clinical path, according to the national framework contract and/orfor work on a contract with the National Social Security Institute.Art. 215. (1) The military servicemen shall have the right to additional remunerationfor substituting of am absent military serviceman for more than 30 working days.(2) The substitution under Para. 1 shall be performed by an order of the commanderor chief, who has the right to appoint at the position of the absent person.(3) For the time of substitution, the military serviceman shall continue to implementthe duties of his basic position.(4) The term for substitution shall not be longer than 1 year.(5) The amount of the additional remuneration under Para. 1 is 25% of the basicmonthly remuneration of the substituted person.(6) The remuneration under Para. 1 shall not be paid to military servicemen, who inposition are substituting the absent persons, or are substituting their submitted persons.Art. 216. (1) The military servicemen shall have the right to additional remunerationin temporary implementation of the obligations of the vacant position in the amount of 25% ofthe basic remuneration for the vacant position.(2) The appointment shall be done by the commander or chief, who has capacity toappoint at a vacant position.(3) The term under Para. 1 shall not be longer than one year.

Art. 217. The military serviceman shall not have the right to remuneration for thetime, during which he is in deviation from the military service, or he is discharged fromposition.Art. 218. (suppl. – SG 16/10, in force from 26.02.2010) The gross monthlyremuneration of the military servicemen shall consist of basic monthly remuneration andsupplementary allowances of permanent or temporary nature.Art. 219. In cases of missions, the military servicemen shall receive apart from theirgross remuneration, also travelling, day and accommodation expenses under conditions andorder, determined by an act of the Council of Ministers.Art. 220. (amend. – SG 16/10, in force from 26.02.2010) The obligatory social andhealth insurance of the military servicemen shall be at the expenses of the state budget.Art. 221. The medical assistance, the military-medical expertise and theprophylactics of the illnesses of the military servicemen, which are performed by the MilitarymedicalAcademy, shall be at the expenses of the Ministry of Defence budget in its part forthe Military-medical Academy.Art. 222. The labour of the military servicemen at retirement shall be considered forfirst category.Art. 223. (1) The military servicemen shall be insured obligatorily against death andincapacity for work in case of incident, occurred during, or because of implementation of theirservice obligations, at the expense of the state budget.(2) The obligatory insurance shall not be obstacle for concluding other insurancecontracts by the interested persons.(3) (new – SG 16/10, in force from 26.02.2010) The Minister of Defence incoordination with the Minister of Finance shall define the positions available for militaryservicemen which are subject to compulsory third-party liability insurance at the expense ofthe state budget.Section VII.Material provision for the military servicemenArt. 224. (amend. – SG 16/10, in force from 26.02.2010) (1) The militaryservicemen shall be provided with the following:1. uniforms or their equivalent in BGN;2. ration money;3. free food and refreshing beverages during duties, classes, exercises, trainings andcamps;4. personal protective equipment, special and work clothes and other item propertyand accoutrements.

(2) the military servicemen shall be provided with food. In case of objectiveimpossibility of providing food in kind, the military servicemen shall be paid the equality inBGN.(3) The funds under para 1 shall not be taxed and shall be provided in amountsunder conditions and procedures, determined by an act of the Minister of Defence.Art. 225. (revoked – SG 16/10, in force from 26.02.2010)Art. 226. The travelling of the military servicemen and their families in return tripsfrom paid annual leave on the territory of the country, once a year shall be at the expense ofthe Ministry of Defence. The terms and conditions for payment of the means and theirconcrete amount shall be determined by an act of the Minister of Defence.Art. 226a. (new – SG 16/10, in force from 26.02.2010) (1) The Minister of Defenceis entitled to establish special communal kitchens, accommodation centres for retired militaryservicemen, veterans and military servicemen with disabilities, military clubs and centresthereto, as well as other units.(2) The organization and the activity or the structures and units mentioned in para 1shall be defined by an act of the Minister of Defence.Art. 226b. (new – SG 16/10, in force from 26.02.2010) (1) The Ministry of Defenceshall establish a council estate for the housing needs of military servicemen, provided that thesaid council estate comprises houses, studios and garages, which are rented, acuired or builtwith own funds.(2) The terms and the procedure for use of the estates mentioned in para 1 shall bedefined by an act of the Minister of Defence.(3) The military servicemen shall pay rent for the houses, studios and garages usedby them under the terms and following the procedures of Chapter Four of the Regulations forImplementation of the Law for the State Property (prom. - SG 78/06; amend. – SG 26/07 and51/07, SG 64/08, 80/08 and 91/08 and SG 7/09, 25/09, 62/09 and 93/09), as well as a rent forthe provided movables.Art. 226c. (new – SG 16/10, in force from 26.02.2010) (1) To those militaryservicemen who may not be offered houses by the Ministry of Defence and who areaccommodated through a private agreement shall be paid compensations under terms andfollowing a procedure defined by an act of the Minister of Defence.(2) Compensations shall not be paid if a military serviceman has refused in writingthe accommodation offered by the Ministry’s fund.Art. 226d. (new – SG 16/10, in force from 26.02.2010) (1) The military servicemenfrom the Ministry of Defence, the units directly subordinate to the Minister of Defence andthe Bulgarian Army, as well as their family members may use the medicinal institutions,sanatoriums and prophylactic institutions, military clubs, recreation and sports base of theMinistry under terms and following a procedure set out in an act of the Minister of Defence.(2) Part of the costs for recreation and recovery of the military servicemen as well astheir family members may be covered by the funds provided for social, domestic and culturalservices within the budget of the Ministry of Defence for the respective calendar year underterms and following a procedure set out by an act of the Minister of Defence.

Art. 226e. (new – SG 16/10, in force from 26.02.2010) (1) At the Ministry ofDefence shall be established an adaptation system for facilitating the process of transition tocivilian life of those who are exempted from military service by:1. professional orientation;2. motivation training;3. qualification courses;4. preparation for initiation of independent business activity;5. job-finding assistance;6. providing information about the opportunities referred to in items 1 through 5.(2) Financing of activities under para 1 shall be allocated, as follows:1. regarding item 3 – 70 percent at the expense of the budget of the Ministry ofDefence and 30 percent at the expense of the military serviceman;2. regarding items 1, 2, 4 - 6 – at the expense of the budget of the Ministry ofDefence.(3) The terms and the procedure for carrying out the activities mentioned in para 1shall be defined by an ordinance of the Minister of Defence.Art. 226f. (new – SG 16/10, in force from 26.02.2010) (1) Upon exemption frommilitary service, unless the military servicemen have been dismissed from office fordisciplinary reasons, they are entitled to the rights as per Art. 226e, para 1, items 1, 2, 4 – 6.(2) The persons who are subject to exemption from military service on the groundsof Art. 162, item 2, Art. 164 and 169, as well as the ones who are no longer fit for militaryservice during or on ocassion of fulfillment of their official duties shall be entitled to a singlequalification training.(3) The duration of the qualification training shall not exceed 6 months.(4) During the training under para 3 the persons shall be in additional paid leave.Art. 226g. (new – SG 16/10, in force from 26.02.2010) (1) The retired militaryservicemen, war disabled and war injured persons and the war veterans, as well as their familymembers shall use medicinal institutions, sanatoriums and prophylactic institutions, militaryclubs, recreation and sports base of the Ministry of Defence under terms and following aprocedure laid down in regulation by the Minister of Defence.(2) Retired military servicemen, war disabled and war injured persons and warveterans may use the communal kitchens at the Ministry of Defence free of charge.(3) The persons referred to in para 2 may use the accommodation centres for retiredmilitary servicemen, and the war veterans and war disabled persons – the accommodationcentres for war veterans and war disabled persons under terms and following a procedure laiddown in regulation by the Minister of Defence.Art. 226h. (new – SG 16/10, in force from 26.02.2010) Military servicemen fromthe Ministry of Defence, from the units directly subordinate to the Minister of Defence andthe Bulgarian Army, as well as the retired military servicemen, war veterans, war disabled andwar injured persons in bad financial condition may be provided with financial aid under termsand following a procedure defined by an ordinance of the Minister of Defence.Art. 226i. (new – SG 16/10, in force from 26.02.2010) (1) The children of militaryservicemen who have died during or on occasion of performing their official duties as such as

well as the surviving parents of such military servicemen shall have the rights set out in Art.226d.(2) The Ministry of Defence shall grant scholarship for the time of training of thechildren mentioned in para 1 in primary and secondary schools, as well as in universities asfull time students in the state till they reach 26 years of age under terms and following aprocedure and in amounts set out by a regulation of the Minister of Defence.Art. 226k. (new – SG 16/10, in force from 26.02.2010) The costs related to thefuneral of the late military serviceman shall be at the expense of the Ministry of Defence.Military honours shall be paid with the consent of the relatives/Art. 226l. (new – SG 16/10, in force from 26.02.2010) The surviving spouse, thechildren, parents of a military serviceman, who has died during or on occasion of performinghis/her military service, shall be entitled to medical and psychological aid free of chargefollowing a procedure set out in a regulation by the Minister of Defence.Art. 226m. (new – SG 16/10, in force from 26.02.2010) (1) The Minister of Defencemay support military and patriotic unions, NGOs in the sphere of security and defence, theassociations of military servicemen, reservists, war veterans, war disabled and war injuredpersons, established as legal persons intended for carrying out socially useful activity, byproviding financial or other necessary aid.(2) The Minister of Defence may provide the unions, organizations and associationsmentioned in para 1 with real estates- property of the Minister of Defence to be managed bythem in relation to their activity under the terms and following the procedure set out in theLaw for the State Property.Section VIII.Compensations for the military servicemenArt. 227. (1) At discharge from military service, the military servicemen shall havethe right to one time money compensation in the amount of as many gross monthlyremunerations, as is the number of the served years, but not more than 20.(2) At following discharge from military service from the amount of the owedcompensation, shall be deducted as many gross monthly remunerations, as many are thereceived ones under Para. 1.(3) When the military service man has served 10 times more years and has beendischarged as unfit for military service because of illness or disability during, or because ofimplementation of the military service, the amount of the single money compensation underPara. 1 shall not be less than 15 gross monthly remunerations.(4) in the cases under Para. 3, where the served time is less than 10 years, themilitary serviceman shall have the right to a single money compensation in the amount of 10gross monthly remunerations.(5) (amend. - SG 16/10, in force from 26.02.2010)At discharge from military serviceafter having service 10 and more years, the military servicemen shall have the right to a singlemoney compensation under Art. 224, Para 1, item 1.(6) Para 1 and 5 shall not apply in disciplinary discharge.(7) In case of death of a military service man, the compensation under Para 1-6 shallbe paid in total to his heirs.

(8) (amend. - SG 16/10, in force from 26.02.2010) The compensation under Para 1 -7 shall not be taxedArt. 228. (1) For defining the amount of a single money compensation at dischargefrom military service, the serviced years shall be taken in consideration, without the equalizedemployment and civil serviced years(2) At discharge from military service because of retirement, to military servicemenwho have serviced the last 13 years and 4 months as military servicemen, the amount of thecompensation shall be determined by the sum of:1. the services years as military service;2. the years of the equalized employment and civil services years to labour of firstcategory.Art. 229. (1) At movement to service in another settlement, the military servicemanand his family shall be paid a single compensation under terms and conditions, determined byan act of the Minister of Defence.(2) The transport expenses shall be for the expense of the Ministry of Defence.Art. 230. (1) The spouses of the military servicemen, who have followed them intheir movement to another settlement and because of that have terminated their employmentor civil relationship, shall be paid compensation in the amount of the minimal labour salary,established for the country.(2) The compensation under Para. 1 shall be paid by the National Security Institutefor the account of the state budget for the period, during which the persons have been jobless,but not longer than 12 months, if they have registered in the corresponding territorial unit ofthe Employment Agency within 1 month after the movement.(3) The time, during which the compensation is received, shall be considered aslabour or civil service, depending on the nature of the terminated relationship under Para. 1.(4) (new - SG 16/10, in force from 26.02.2010) The compensation under para 1 shallbe paid under terms and following a procedure set out by an act of the Council of Ministers.Art. 231. (1) The jobless spouses of the military servicemen, participating ininternational operations and missions shall be paid compensation in the amount of theminimal labour salary, established for the country for the period of the operation or themission.(2) The compensation under Para. 1 shall be paid by the National Security Instituteon the account of the state budget, under terms and conditions, determined by an act of theCouncil of Ministers.(3) (amend. - SG 16/10, in force from 26.02.2010) The children under 26 years ofage of the military servicemen, participating in international operations and missions, whostudy in primary and high schools, in regular form of education in higher schools in thecountry and abroad, shall have the right to a scholarship for the period of the operation ormission. The dimension of the scholarship shall be determined by an act of the Minister ofDefence, and the needed funds shall be envisaged on the budget of the operation or missionand shall be paid by the Ministry of Defence.Art. 232. In case of cutting the number of the armed forces, under decision of theNational Assembly, the compensation, which are to be paid to the military servicemen shallbe determined by the act for cutting, notwithstanding of those, due according to this <strong>law</strong>.

Art. 233. (1) The military servicemen shall be paid a single money compensation inthe amount of 10 gross monthly remunerations in a heavy physical injury and 6 gross monthlyremunerations in middle physical injury, caused during, or because of implementation of themilitary service.(2) The spouse, children and parents of the military serviceman, perished during orbecause of implementation of his service duties, shall be paid a single money compensation inthe amount of 12 gross monthly remunerations to everyone, who has the right to them. Thereceived compensation shall not be considered as accepting inheritance.(3) The compensations under Para. 1 and 2 shall not be taxed.(4) Compensation under Para. 1 and 2 shall not be paid, if the physical injury ordeath have occurred during a leave, in unauthorized deviation from military service or in caseof intestinal causing the injury or the death by the person.(5) The persons under Para. 1 and 2 may seek compensation in the general claimingorder. In this case the difference between the judged sum and the one, received as generalcompensation by the Ministry of Defence and by the insurer is owed.(6) The owed compensation shall be decreased, of the injured person has contributedfor the injury.(7) (amend. - SG 16/10, in force from 26.02.2010) For the paid compensation, theMinistry of Defence shall have the right to a claim against the person, who has guiltily causedthe injury or the death or shall be entitled to require the issue of an order for execution underArt. 410, Para 1 of the Code of Civil Procedure against the said person, provided that his/herguilt is ascertained by a final sentence.Art. 234. (suppl. - SG 16/10, in force from 26.02.2010) The compensations of themilitary servicemen under this <strong>law</strong> shall be determined on the basis of the gross monthlyremuneration, due on the date of the discharge from military service or the relocation, of theinjury or the death of the military serviceman, which shall include:1. the basic monthly remuneration;2. (amend. - SG 16/10, in force from 26.02.2010) additional monthly remunerationsfor continuous service, for specific conditions in conducting regular military service and foreducational or scientific degree "Doctor" or "Ph.D." degree.Art. 235. (amend. - SG 16/10, in force from 26.02.2010) The military servicemenshall be paid remunerations and compensations under this Law according to terms andprocedure, determined by an act of the Minister of Defence.Art. 236. The military servicemen shall not owe the sums, which have received ingood faith. The guilty officials, who have ordered or admitted undue payment of sums, shallhave property responsibility.Art. 237. (1) Without the consent of the military servicemen, deductions may not bemaid on their remunerations, unless for:1. received advance paid sums;2. overdrawn sums because of technical mistakes;3. taxes, which are deducted fro the salary according to special <strong>law</strong>s;4. Distrait, imposed by judicial procedure;5. deductions for imposed limited property responsibility.

(2) The total amount of the monthly deductions under Para. 1 may not be more thanthe amount, determined by the Civil Procedure Code.Section IX.Education and professional qualificationArt. 238. (1)The military servicemen may apply and study in a military or civilhigher school and make Ph. D. in Bulgaria and abroad, under terms and conditions,determined by the Rules for implementation of the <strong>law</strong>.(2) The soldiers (seamen) and sergeants (majors) may apply and study in a militaryor civil higher school and in professional colleges after having served 3 years military serviceunder terms and conditions, determined by the Rules for implementation of the <strong>law</strong>.Art. 239. (1)Initial and special military preparation of the soldiers (seamen) and ofthe reservers shall be conducted in training centres.(2) The soldiers (seamen) and reservers shall not pay fee for training in the centres.Section X.Awards and distinctionsArt. 240. (1) For high achievement in the service and for merits to the defence, themilitary servicemen may be awarded by the Minister of Defence or an official, authorized byhim with distinctions and awards under terms and conditions, determined by the Rules forimplementation of the <strong>law</strong>.(2) (amend. - SG 16/10, in force from 26.02.2010) For special merits to the defence,the military service med may be awarded by the Minister of Defence by a personal arm ontheir names, which shall be registered by the established procedure.(3) For a substantial contribution and merits to the defence of the country, Bulgarianand foreign nationals may be awarded by the Minister of Defence with distinctions andmaterial awards.(4) (new - SG 16/10, in force from 26.02.2010) The retired military servicemen, thewar veterans and the war disabled persons may be rewarded with honours and awards underterms and following a procedure defined by the regulations for implementation of the <strong>law</strong>.(5) (new - SG 16/10, in force from 26.02.2010) The BGN equivalence of the awardsmentioned in paras 1 through 4 shall not be taxed.Section XI.Disciplinary responsibilityArt. 241. A guilty failure to implement the official duties by the military servicemenshall be violation of the military discipline.Art. 242. Violations of the military discipline shall be:1. Failure to implement a duty on the military service;2. violation of the rules for submission;3. violation of the rules for military politeness and saluting;

4. violation with the official status;5. violation of property – state property, losing materials, raw materials, energy, etc.;6. exceeding the given disciplinary power;7. violation of the rules for protection of the classified information;8. willful deviation for the military service.Art. 243. (1) Any violator of the military discipline shall be punished withdisciplinary punishments under this <strong>law</strong>, notwithstanding of the envisaged property,administrative-penal or penal responsibility.(2) For one and the same violation of the military discipline, only one disciplinarypunishment may be imposed.Art. 244. The disciplinary punishments shall be:1. remark2. reprimand3. grave reprimand;4. warning for downgrading the military rank with one grade for the term of 6months to one year;5. downgrading the military rank with one grade for the term of 6 months to oneyear;6. warning for discharge;7. discharge.Art. 245. (1) The disciplinary punishment discharge shall be imposed obligatory inthe following cases:1. conviction for intentional crime of general nature or deprivation of the right tooccupy a state position or to exercise the profession or activity;2. violation of the prohibitions under Art. 182 and 184;3. (amend. - SG 16/10, in force from 26.02.2010) failure to file a declaration underArt. 188, Para 6;4. (amend. - SG 16/10, in force from 26.02.2010) systematic violations of rules forprotection of the classified information, lead to unregulated access within the meaning of theLaw for the Protection of the Classified Information;5. failure to appear at work without reasonable causes in two working days insuccession;6. misuse of the official status;7. destruction of property – state ownership, lost materials, raw materials, energyand other means, when substantial damage has been caused to the state;8. appearing of the military serviceman in a condition, which does not let himimplement his official duties, because of using alcohol or misuse of narcotic substances;9. when because of guilty behaviour of the military serviceman there is a case ofdeath or physical injury of his submitted military serviceman.(2) The disciplinary punishment discharge may be imposed also in other graveviolations of the military discipline.(3) In cases of temporary removal from position under the provision of the PenalprocedureCode, when the military serviceman has been convicted for intentional crime ofgeneral nature, the disciplinary punishment discharge shall be imposed from the date of theremoval.

Art. 246. (1) The disciplinary violations shall be established by the directcommanders or chiefs of the violators.(2) When the military serviceman has been imposed a disciplinary punishmentdischarge, the corresponding commander or chief shall assign an official check up forcollecting evidence for the committed violation, shall hear the violator or accept his writtenexplanations. The materials from the official check up shall be sent to the punishing body.(3) Conducting the official check up under Para. 2 shall not be obligatory, if theviolation has been established by a financial audit, by an internal check up or by an enforcedverdict.(4) The commander or chief shall be obliged before imposing the disciplinarypunishment to hear the military serviceman or to accept his written explanations, unless incases, where because of a guilt of the military serviceman he cannot be heard or give writtenexplanations.Art. 247. At determining the disciplinary punishment, the gravity of the violation,the circumstances, in which the violation has been committed and the behaviour of themilitary serviceman until the violation has been committed, shall be taken in consideration.Art. 248. The disciplinary punishments shall be imposed by the officials, assignedby the Rules for implementation of the <strong>law</strong>.Art. 249. (1) (amend. - SG 16/10, in force from 26.02.2010) The disciplinarypunishments remark, reprimand and severe reprimand shall be imposed within 10 days fromthe establishment of the violation, but not later than 6 months after its commission.(2) (amend. - SG 16/10, in force from 26.02.2010) The other disciplinarypunishments shall be imposed not later than 2 months after the violation has been established,but not later than 3 months after its commitment.(3) The disciplinary violation is considered to be established from the moment of thedisciplinary-penal body has become aware of it.(4) The terms under Para. 1 and 2 shall stop to run, while the military serviceman ison a leave, he is under the measure detention or home arrest, or has been discharged fromposition, as well as till a formed procedure for establishing penal or administrative penalresponsibility is finalizedArt. 250. (1) The order for the disciplinary punishment shall be delivered to themilitary serviceman after his signature and the date shall be indicated. If it is impossible todeliver the order to the military serviceman in person, the penal body shall send it to hispermanent address with a registered mail with a receipt.(2) The order for imposing disciplinary punishment shall be subject to executionfrom the day of its delivery to the military serviceman or from the day of its receipt, whensent by registered mail.Art. 251. The order for imposing disciplinary punishment may be appealed asprovided by the Administrative – procedure Code. The appeal shall not stop the execution.Art. 252. The procedure for conducting the disciplinary procedure, for imposing,execution and deletion of the disciplinary punishments shall be determined by the Rules forimplementation of the <strong>law</strong>.

Section XII.Property responsibilityArt. 253. (1) The military servicemen shall be responsible with property for thedamages that they have caused to the state due to imprudence at or in connection with theperforming of official duties.(2) For a damage, caused deliberately or as a result of a crime or caused not at or inconnection with performing of official duties, the responsibility shall be determined incompliance with the corresponding civil <strong>law</strong>s.(3) The property responsibility of the military servicemen shall be appliedindependently on the disciplinary, the administrative punitive and the punitive responsibilityfor the same act.(4) The military serviceman shall not be property responsible for the damage thathas occurred as a result of a military or other risky activity, connected with the performing ofthe official duties.(5) For the paid indemnification for damages caused to citizens by un<strong>law</strong>ful acts,deeds or lack of action of bodies and officials, the Ministry or the department shall have theright to claim against those guiltily caused the damages military servicemen under theconditions of Para 1 or 2.Art. 254. (1) The military servicemen shall be responsible for the suffered damagebut not for the missed gain.(2) The extent of the damage shall be determined by the day of its occurrence and ifthis is not possible to be established - by the day of its revealing.Art. 255. (1) For damages caused due to imprudence, at or in connection withperformance of official duties, the military serviceman shall be responsible in the extent of thedamage, but not more than 3 gross monthly considerations, calculated with the extent of theconsideration, received by the date of establishing the damage.(2) The property responsibility of Para 1 shall not be required when from the day ofcausing the damage have passed more than 3 years.Art. 256. (1) A military serviceman to which has been assigned as official duty tocollect, reserve, spend or account money or material valuables, shall be responsible:1. in the extent of the damage but not more than the triple extent of the grossmonthly consideration;2. for a sum missing - in full extent together with the due interest from the day ofcausing of the damage and if this cannot be established - from the day of revealing themissing.(2) The persons who have received something without grounds by the one whocaused the damage, or who have benefited from the damage of Para 1, p. 1, shall be liablejointly with the caused of the damage for giving back the received up to the extent of theenrichment. The persons shall be liable to give back also the received as grant by the causedof the damage when the grant is with resources from the caused damage.(3) The claims of Para 1, p. 2 shall be lapsed with the passing of ten yearsprescription after the day of causing the damage.

Art. 257. When the damage has been caused by several people, they shall beresponsible:1. (amend – SG 93/04) in the cases of limited proprietary responsibility - accordingto the participation of each f them in the causing of the damage and when this cannot beestablished - proportionally to the gross monthly remuneration. The sum of the due by themindemnification shall not be possible to exceed the extent of the damage;2. in the cases of full property responsibility - jointly.Art. 258. (1) In the cases of limited proprietary responsibility the commander or thechief shall determine with an order the grounds and the extent of the responsibility of themilitary servicemen. When the damage has been caused by a commander or chief, the ordershall be issued by the corresponding higher commander or chief.(2) The order shall be issued in one month term from revealing of the damage butnot later than three years after its causing and when the damage has been caused atperforming of command functions or implementing accounting activity - in three months termafter its revealing, but not later than five years after its causing. These terms shall not pass ifthere is a court procedure under way for implementing full property responsibility till theprocedure is pending.(3) If the military serviceman in one month term after delivery of the orderchallenges in writing the ground or the extent of the responsibility, the Ministry of Defencemay present claim against him before the court.(4) The due sum shall be withheld from the consideration and/or the indemnificationof the military serviceman in extent pointed out in the Civil Procedure Code.(5) The limited property responsibility shall be possible to be implemented also bythe bodies on the Law on the State Financial Inspection, if the damage has been establishedaccording to the same <strong>law</strong>.Art. 259. (1) The full property responsibility shall be implemented by the courtroutine, the person being able to pay the sum voluntary before the court procedures.(2) The claims for fill property responsibility of para 1 shall be lapsed with a tenyears prescription term which shall start to pass on the day of causing the damage. In thesecases the prescription shall be terminated also with an act, compiled by a control body, fromthe day of handing over to the military servicemanArt. 260. (1) The military servicemen whose contracts for regular military servicehave been terminated on the grounds of Art. 163, 165 and 166, Para. 1 and Art. 144, Para. 3before the expiration of the term according to Art. 142, Para. 5, Art. 143, Para. 1 and Art. 144,Para. 3 and on an extended term under Art. 145, Para. 1, shall owe restoring the expenses forsupport, training and qualification and/or re-qualification, proportionally to the term of thenon fulfilment.(2) (amend. - SG 16/10, in force from 26.02.2010) The students, discharged fromeducation in a procedure, determined by the Rules of the higher military schools or left ontheir will during the education, shall restore the expenses for support and education for theperiod, when they were educated.(3) The cadets discharged from education in a procedure, determined by the Rules ofthe professional colleges or who have left by their own will during the education, shall restorethe expenses for support and education for the period, when they were educated.(4)The sum under Para. 1 and 3 shall be deducted totally from the compensation andthe other receipts, which the owing person has the right to receive, and if the owed sum

cannot be collected in this way and in the cases under Para. 2, the receipt shall be collected asprovided by the Civil-procedure Code on the bases of extract from the accounting books.Section XIII.Responsibility of the state for damages caused to military servicemenArt. 261. (1) The state shall be responsible for the caused to third persons propertyand non-property damages, caused because of negligence by a military serviceman in case of,or in relation to implementation of his service, where the cause is not as result of a crime.(2) The responsibility of the guilty military serviceman to the state shall take placeunder the rules of Art. 253.(3) In the other cases of caused by the military serviceman damages to third partiesshall be implemented the general civil <strong>law</strong>.Section XIV.Military service in the military courts and prosecution officesArt. 262. (1) The military service in the military courts and military prosecutionoffices shall be fulfilled under terms and conditions, determined by this <strong>law</strong> and by the Lawon the Judiciary.(2) The military servicemen from the military courts and the military prosecutionoffices shall be accepted and discharged from military service as judges, prosecutors andinvestigators according to the Law on the Judiciary. For the implementation of the decision,the administrative head of the relevant court or prosecution office shall issue an order foracceptance and discharge from military service in cooperation with the Minister of Defence.The requirements of Art. 141, Para. 1, p. 2 shall not be applied to the military servicemenfrom the military courts and the military prosecution offices.(3) The administrative head of the relevant court prosecution office shall havemilitary rank, grade in higher, or in lower military rank the military servicemen from themilitary courts and the military prosecution offices under the provisions of this <strong>law</strong> and theRules for its implementation, in coordination with the Minister of Defence.(4) The rules under Para. 3 in relation to the administrative heads of the militarycourts and the military prosecution offices shall be exercised by the heads of the higher courtsand prosecution offices.(5) The appointment and discharge from position and from military service of themilitary servicemen from the military courts and the military prosecution offices, who aresupreme command staff, as well as granting them with supreme military ranks, grading themin higher or lower rank shall be done by a decree of the President of the Republic, uponproposal of the Council of Ministers. The decree shall be signed by the Prime Minister. Theimplementation of the decree shall be assigned to the administrative head or the relevant courtor prosecution office.(6) The uniform and the insignia of the military servicemen from the military courtsand the military prosecution offices shall be approved by the Supreme Judicial Council, uponproposal of the president of the Supreme Cassation Court and of the General Prosecutor of theRepublic of Bulgaria, in coordination of the Minister of Defence.(7) The military servicemen in the military courts and the military prosecutionoffices shall receive on the account of the budget of the judiciary:

1. basic and additional monthly remunerations, determined by the Supreme JudicialCouncil;2. material provision and compensations under this <strong>law</strong>, if the Law on the Judiciarydoes not provide anything else.(8) For issues, unsettled by the Law on the Judiciary on the rights, duties andrestrictions of the rights of the military servicemen in the military courts and the militaryprosecution offices, this <strong>law</strong> shall apply.Chapter eight.RESERVE OF THE ARMED FORCES AND MILITARY ACCOUNT OF THENATIONALSArt. 263. (1) For increasing the defence possibilities of the armed forces in peaceand war time, a reserve of the armed forces shall function.(2) The reserve of the armed forces shall be the determined by this <strong>law</strong> humanresources and equipment.(3) The number of the reserve of the human recourses under Para. 2 shall bedetermined by an act of the Council of Ministers.Art. 264. (1) The reserve of human resources of the armed forces shall be permanentand mobilization, shall be formed according to the organization structure of the armed forcesand shall be subject to military account.(2) The persons of the permanent and of the mobilization reserve shall be grantedand deprived of military ranks. They shall be raised in military ranks gradually under termsand conditions, determined by the Rules for the reserve of the military forces.(3) The reserve of the equipment shall be the equipment, which is kept on militaryaccount and has mobilization appointment.Art. 265. (1) The permanent reserve shall be intended for staffing the militaryformations in peace time.(2) The mobilization reserve of human resources shall be intended for staffing thearmed forces during mobilization and shall include the fit for service in the armed forcesBulgarian nationals, who have military preparation or certain civil specialty and have receivedmobilization appointment on the positions for military time.(3) The mobilization reserve of equipment shall be the equipment, receivedmobilization appointment for staffing the armed forces in positions for military time.Art. 266. (1) Forming and using the reserve of the armed forces in peace time shallbe planned, organized, prepared and directed by the Minister of Defence.(2) (amend. - SG 16/10, in force from 26.02.2010) Forming and using the reserve ofthe units as per Art. 50, para 2 in peace time shall be planned, organized, prepared anddirected by the chief of the relevant institution.(3) Forming and using the reserve of the specialized formations of the armed forcesin peace time shall be directed by the supreme commander.Art. 267. (1) The military account of the nationals of the Republic of Bulgaria shallinclude the account of the permanent and mobilization reserve, as well as the account of:1. all men, accomplished the age of 18;

2. women, exercising professions and specialties, determined by the Rules of thereserve of the military forces.(2) Including and excluding from military account shall be done officially, underterms and conditions, determined by the Rules of the military forces reserve.(3) Bulgarian nationals, who are subject to military account and have not receivedmobilization appointment and have not concluded contract for service in the permanentreserve, shall be military accounted persons.(4) The obligations on the military account of the persons under Para. 3 shall beterminated in:1. accomplishing age limit for keeping on military account;2. unfitness, occurred for military time service;3. accepting military service;4. (amend. – SG 82/09, in force from 16.10.209; amend. – SG 93/09, in force from25.12.2009) occurred civil relationship under the Law on the Ministry of Interior and the Lawon the National Security state agency, as well as in occurred civil or employment relationshipin Ministry of Transport, Information technologies and Communications.5. death;6. exemption or depriving of Bulgarian nationality.(5) The age limit for keeping at military account of the persons under Para. 3, shallbe:1. for military accounted persons without military preparation - 35 years of age;2. for military accounted persons with military preparation:a) for soldiers and sergeants (majors) – 55 years of age;b) for junior officers - 55 years of age;c) for senior officers - 60 years of age;d) for officers with high military ranks - 63 years of age;3. for military accounted persons, who have terminated their civil relationshipsunder the Law on the Ministry of Interior and the Law on the National Security state agency –62 years of age.Art. 268. (1) The military account of the equipment shall include the account of theyears of exploitation of cars, trailers, tractors, engineering machines, movable liftingtransportation machines, specialized railway equipment, air force equipment, ships and othertechnical equipment, needed for the armed forces.(2) Keeping and taking away from military account of the equipment shall be doneofficially under terms and conditions, determined by the Rules for the military forces reserve.(3) The equipment, kept on military account without mobilization appointment shallbe military account equipment.(4) the equipment under Para. 3 shall be taken away from military account in casesof destruction, damaging and changes in the construction, which make it unusable.Art. 269. The service in the reserve of the armed forces shall be service with specialintention, which is fulfilled in compliance with this <strong>law</strong> and the acts for its implementation.Art. 270. To serve in the permanent reserve shall be accepted Bulgarian nationals,who fulfill the following requirements:1. have not accomplished the age limit for service in the mobilization reserve;2. they are fit for military service;

3. have not been convicted for intentional crime of general nature, notwithstandingof the rehabilitation;4. there is no formed criminal procedure for intentional crime of general natureagainst them;5. have no other nationality;6. have not been discharged from military service because of an imposeddisciplinary punishment – dismissal.Art. 271. (1) The service in the permanent reserve shall be fulfilled under terms andconditions, determined by the Rules if the reserve of the armed forces and by the signedcontract between the reserver and the Minister of Defence or an official, authorized by him.(2) The service in the permanent reserve shall include duties on the activeimplementation of the contract and obligation for disposal for active fulfillment of thecontract.(3) During the active fulfillment of the contract for service in the permanent reserve,the nationals shall have status of military servicemen, and during the time of disposal – ofreservers.Art. 272. (1) The contract for service in the permanent reserve shall determine theterm of the contract, the place of service, the remuneration of the reserver, the rights andduties of the parties on the contract and the results in case of failure of fulfillment.(2) The contract for service in extended by mutual consent of the parties permanentreserve shall be for the term of 3 years.Art. 273. (1) In case of calling for active fulfillment of the contract for service in thepermanent reserve, the nationals who work in employment or civil relationship shall have theright to a leave, under the provisions of Art. 158 of the Labour Code, respectfully, Art. 62,Para. 1, p. 6 and Para. 2 of the Law on the Civil Servant.(2) The employer, respectfully – the appointing body shall not have the right toterminate the employment or civil relationship with the worker or employee during the activefulfillment of the contract for service in the permanent reserve.(3) The return travelling expenses of the nationals to the place for active fulfillmentof the contract for service in the permanent reserve shall be on the account of the Ministry ofDefence and shall be paid under terms and conditions, determined by the Rules for the reserveof the armed forces.Art. 274. The time, during which the nationals fulfill active service in the permanentreserve shall be considered for labour service of first category.cases of:Art. 275. The contract for service in the permanent reserve shall be terminated in1. expiry the contract term;2. mutual consent of the parties;3. falling away some of the grounds for concluding the contract;4. failure to fulfill an obligation on the contract;5. accepting military service;6. death of the reserver.

Art. 276. (1) The service of the mobilization reserve shall include fulfillment ofduties for maintaining the mobilization readiness, for acquiring a military or anotheraccounting specialty and for raising the military or another special qualification.(2) Obligations for mobilization reserve shall have the following persons, receivedmobilization appointment:1. the exempt from military service;2. (amend. – SG 82/09, in force from 16.10.209; amend. – SG 93/09, in force from25.12.2009) the civil servants from the National Security State Agency, employees of theMinistry of Interior and in the Ministry of Transport, Information technologies andCommunications after terminating their civil or employment relationships;3. men, accomplished 18 years of age, fit for military service;4. women on military account, fit for war time service.(3) The fitness for the wartime service shall be established by bodies of the Ministryof Defence, whose staff and organization shall be determined by the Rules for the armedforces reserve.(4) nationals, who have not been sworn in by their inclusion in the mobilizationreserve, shall sign an oath list.Art. 277. From the mobilization reserve shall be discharged:1. a person, accomplished the age limit for the mobilization reserve;2. a person, proven unfit for wartime service;3. a person, who is servicing a punishment of deprivation of liberty and an accusedwith a measure of detention or home arrest – for the time, during which he is servicing thepunishment, or for the time of the measure;4. (amend. - SG 16/10, in force from 26.02.2010) a military serviceman and anemployee from the units under Art. 50, Para 2;5. in cases of withdrawal of the mobilization appointment;6. in case of death of the reserver.Art. 278. (1) The age limit for mobilization reserve of the officers shall be:1.for junior officers - 55 years of age;2. for senior officers – 60 years of age;3. for the supreme command staff - 63 years of age.(2) The age limit for the mobilization reserve of the soldiers and sergeants (major)shall be 55 years of age.(3) The age limit for the mobilization reserve of the persons under Art. 276, Para. 2,p. 2 shall be 62 years.Art. 279. (1) The reservers may be called once a year for not more than 20 days ontraining assembly, command-staff trainings, commander sessions and other educationalmobilizationevents.(2) The reservers may be called to courses for acquiring specialty and for raisingtheir qualification for the term of 30 – 9- days once in 5 years.(3) Equipment of the mobilization reserve may be used once a year for not morethan 30 days at training assemblies at command-staff trainings, commander sessions and othereducational-mobilization events.(4) The resrvers and the owners of the equipment of the mobilization reserve shallbe notified about the events under Para. 1-3 at least 30 days before their start.

Art. 280. In case that the reserver is impeded to appear at the educationalmobilizationevent, and the owner of the equipment is impeded to deliver the equipment, theyshall be obliged to notify the body on the military account and to fulfill his orders.Art. 281. (1) The traveling expenses of the reservers and the owners of theequipment for participation in the educational-mobilization event shall be on the account ofthe institution, which conducts it.(2) from the day of appearance at the place for conducting the educationalmobilizationevent to is end, the reserver shall have the status of a military serviceman or civilservant of the institution, which conducts the event.(3) The reservers and owners of equipment, having participated in the educationalmobilizationevent, shall receive remuneration in the amount and conditions, determined byan act of the Council of Ministers.(4) For every educational-mobilization event there should be a position list. Thereservers shall be appointed on positions, corresponding to the positions of the wartime staff.Art. 282. The staff of the reserve, the fulfillment of the service in the reserve, theprocedure for keeping the military account of the nationals, and the related to it rights andduties of the nationals and the Ministry of Defence bodies shall be provided by Rules for thereserve of the armed forces, adopted by the Council of Ministers.Chapter ten.CIVIL STAFF IN THE MINISTRY OF DEFENCE, THE UNITS DIRECTLYSUBORDINATE TO THE MINISTER OF DEFENCE AND THE BULGARIANARMY (TITLE AMEND. - SG 16/10, IN FORCE FROM 26.02.2010)Section I.Status of the civil staffArt. 283. (1) The status of the civil servants on civil relationship shall be providedby this <strong>law</strong> and the Law on the Civil Service.(2) the status of the civil employees on employment relationship shall be providedby the Labour Code and by this <strong>law</strong>.Art. 284. (amend. - SG 16/10, in force from 26.02.2010) The civil staff may notperform political activity at the Ministry of Defence, the units directly subordinate to theMinister of Defence and the Bulgarian Army. They may not express political views during theworking time and in the formations and sites of the Ministry of Defence, the units directlysubordinate to the Minister of Defence and the Bulgarian Army.Art. 285. the civil staff may create and be members of syndicate organizations. Theyshall not have the right to an effective strike.Art. 285a. (amend. - SG 16/10, in force from 26.02.2010) (1) Civil employees shallbe obliged to declare any private interest they have in relation to the functions of the unit ormilitary formation where they perform their official duties according to the Law onPrevention and Disclosure of Conflict of Interests.

(2) Civil employees shall be obliged not to take part in the discussion, preparation,and the decision making process, if they themselves or the persons connected to them areinterested in the respective decision or have certain relations with the interested personsarising reasonable doubts whether they are impartial.(3) In the cases under para 2 the civilian employees shall notify in writing the bodyof appointment or the employer.(4) If the circumstances mentioned in para 1 are present, the civil employees shall bedischarged from their official duties related to the conflict of interest occurred under para 1.Art. 285b. (amend. - SG 16/10, in force from 26.02.2010) (1) Civil employees shallnor accept, neither facilitate receiving presents, donations, trips, hotel accomodations,providing hospitality, discounts from due payments, preferential loans or other profits orservices, for themselves or for persons related to them, if the said benefits are leading toexertion of influence over the fulfillment of their duties in favour of the persons offering thesaid profit or service.(2) Civil employees may not use their official status for the purpose of derivingbenefits for themselves or persons related to them even if the said benefits would notinfluence the fulfillment of their offficial duties.(3) Civil employees may not give or offer presents or provide other services leadingto exertion of influence over the fulfillment of the duties of the addressee.(4) Accepting and offering presents or other benefits on the grounds of the officialstatus shall be considered corrupt practice.(5) Civil employees shall have the right to accept presents amounting up to 50percent of the minimum salary fixed in the state once in a calendar year.Art. 286. (1) the civil staff shall be provided with:1. free warm food and refreshing drinks during night duty;2. free food during performing activities of specific nature;3. personal safety means, special and work clothes.(2) The provisions under Para. 1 shall not be taxed and shall be provided in a kind,norms and conditions, determined by an act of the Minister of Defence.Art. 287. The return trip of the civil staff from paid annual leave on the territory ofthe country once a year shall be on the account of the funds for social-daily and culturalservice. The terms and amount of the sums and the procedure for payment shall be determinedby an act of the Minister of Defence.Art. 288. The civil staff may be awarded by distinctions and awards by the Ministerof Defence or by an official, authorized by him under terms and conditions, determined by theRules for implementation of the <strong>law</strong>.Art. 289. The Minister of Defence in coordination with the Minister of Finance shalldetermine the categories of the civil staff, who shall be obligatorily insured for civilresponsibility on the account of the state budget.Art. 290. (1) The civil relationship with civil staff on civil relationship shall occur,change and terminate under the terms and conditions of the Law on the Civil Servant and ofthis <strong>law</strong>.

(2) (amend. - SG 16/10, in force from 26.02.2010) The appointment bodies of thecivil servants on civil relationship shall be the Minister of Defence, the permanent secretary ofdefence and the heads of the units directly subordinate to the Minister of Defence.(3) Apart form the cases, provided by the Law on the Civil Servant, the civilrelationship with a civil servant, occupying a position in the offices under Art. 100, Para. 1shall be terminated without notice by the head of the relevant office and in the cases underArt. 166, Para. 1.Art. 291. (amend. - SG 16/10, in force from 26.02.2010) The employment contractswith the civil employees on employment relationship shall be concluded, changed andterminated under terms and conditions of the Labour Code and the ones holding lecturer’s,scientific and lecturer's positions at military academies and higher military schools pursuant tothe Law of the Academic Degrees and Academic Ranks.Art. 292. (1) The training, qualification and professional preparation of the civilstaff shall be done under the terms and conditions, provided by the Rules for implementationof the <strong>law</strong>.(2) In cases, where the educational-qualification requirements and the nature of thefulfilled activities impose raising the professional qualification and re-qualification of thepersons under Para. 1, the expenses shall be on the account of the Ministry.(3) (amend. - SG 16/10, in force from 26.02.2010) The civil servant, sent under theconditions of Para 2 to training for a period of more than a month within the frames of onecalendar year shall be obliged to work at the Ministry of Defence, the units directlysubordinate to the Minister of Defence and the Bulgarian Army for a period of one to 3 yearsafter the training The terms and conditions shall be determined by the appointment body or bythe employer.(4) In case of termination of the civil or employment relationship upon request ofthe person or in case of his guilty behavior, he shall restore the expenses for the training,respectfully of the failure of the fulfillment. The unpaid sum shall be deducted totally fromthe compensation and the other receivables which the owing person has the right to receive,and if the owed sum cannot be collected in this way, the receivable shall be collected asprovided by the Civil Procedure Code on the basis of a statement from the accounting books.Art. 293. (1) A civil person may be temporarily discharged from position:1. under the terms and provisions of the Penal-procedure Code;2. when appears in a condition, which does not allow him to fulfill his officialduties; in this case the discharge is done by the direct or superior chief and shall continue untilthe person restore his fitness for fulfillment of his official duties.(2) The person under Para. 1 shall not receive remuneration for the time, duringwhich he was discharged.Art. 294. Where the penal procedure towards the civil person is terminated, he hasbeen acquitted or convicted for an unintentional crime of general nature, the civil person shallbe restored to his position. The time of the discharge shall be considered for civil oremployment service and the person shall be paid compensation in the amount of hisremuneration for the period of discharge.

Section II.Remuneration and leaves of the civil staffArt. 295. The gross monthly remuneration of the civil staff shall contain basicmonthly remuneration and supplementary allowances.Art. 296. (1) In addition to the monthly remuneration, the civil staff shall be paidsupplementary allowances for:1. serviced time or labour service and professional experience – in the amount notless than 1% over the basic monthly remuneration for every year serviced years;2. specific conditions of labour;3. risks of life and health, which notwithstanding of the measures undertaken cannotbe removed, limited or decreased;4. extra working hours;5. (amend. - SG 16/10, in force from 26.02.2010) scientific and educational degree"Doctor" or scientific degree "Ph.D", required for the position they hold;6. high results, achieved in the office activity;7. other cases, established by a legal act.(2) The supplementary allowances under Para 1, items 1-6 shall be paid under termsand conditions, determined by an act of the Minister of Defence.(3) (revoked - SG 16/10, in force from 26.02.2010)(4) For the civil employees of the Military Police office and Military Informationoffice the supplementary allowances under Para 1, items 2, 3 and 6 shall be paid under termsand conditions and amounts, determined by an act of the Minister of Defence upon proposalof the head of the relevant office.(5) The civil staff of the Military-medical academy shall be paid also remunerationfor work on clinic paths, according to the National framework contract and/or for work on acontract with the National Security Institute.Art. 297. (1) (amend. - SG 16/10, in force from 26.02.2010) The civil staff shallreceive supplementary allowances for work at the Ministry of Defence, the units directlysubordinate to the Minister of Defence and the Bulgarian Army under terms and conditionsand in amount, determined by an act of the Minister of Defence. This shall not refer to theworkers, whose amount of the labour remunerations is determined according to the finishedwork.(2) When civil staff and military service men occupy positions with equal functionalor educational-qualification requirements, their basic monthly remunerations shall be equal.(3) The Minister of Defence shall determine the positions, about which Para. 2 shallbe applied.Art. 298. (1) The civil staff shall be paid money for representation clothes.(2) (amend. - SG 16/10, in force from 26.02.2010) The civil employees shall beprovided with food allowances.(3) The paid clothes and food shall not be taxed and shall be provided under termsand conditions and amounts, determined by an act of the Minister of Defence.Art. 298a. (new - SG 16/10, in force from 26.02.2010) (1) Civil employees shall beentitled to the rights as per Art. 226b, 226c, 226d and 226g.

(2) Entitled to the rights as per Art. 226d shall also be the family members of civilemployees.Art. 299. For issued, unsettled by this Chapter, the provisions of the Law on theCivil Servant and the Labour Code shall be applied.Chapter ten.SOCIAL POLICY, CONDUCTED BY THE MINISTRY OF DEFENCE(REVOKED - SG 16/10, IN FORCE FROM 26.02.2010)Art. 300. (Revoked - SG 16/10, in force from 26.02.2010)Art. 301. (Revoked - SG 16/10, in force from 26.02.2010)Art. 302. (Revoked - SG 16/10, in force from 26.02.2010)Art. 303. (Revoked - SG 16/10, in force from 26.02.2010)Art. 304. (Revoked - SG 16/10, in force from 26.02.2010)Art. 305. (Revoked - SG 16/10, in force from 26.02.2010)Art. 306. (Revoked - SG 16/10, in force from 26.02.2010)Art. 307. (Revoked - SG 16/10, in force from 26.02.2010)Art. 308. (Revoked - SG 16/10, in force from 26.02.2010)Art. 309. (Revoked - SG 16/10, in force from 26.02.2010)Art. 310. (Revoked - SG 16/10, in force from 26.02.2010)Art. 311. (Revoked - SG 16/10, in force from 26.02.2010)Art. 312. (Revoked - SG 16/10, in force from 26.02.2010)Art. 313. (Revoked - SG 16/10, in force from 26.02.2010)Art. 314. (Revoked - SG 16/10, in force from 26.02.2010)Art. 315. (Revoked - SG 16/10, in force from 26.02.2010)

Chapter eleven.INFRASTRUCTURE OF THE DEFENCESection I.Immovable properties and equipmentArt. 316. (1) The infrastructure of the defence shall include:1. immovable properties, sites and equipment, intended for setting up the militaryformations;2. immovable properties, sites and equipment, intended for conducting militarytrainings, for testing the combat techniques and arms;3. immovable properties, sites and equipment, intended for fulfillment of specificfunctions and tasks in relation to the defence of the country;4. immovable properties for logistic provision of the armed forces;5. sites and equipment for the needs of the communication-information provision ofthe defence;6. immovable property for setting up or assembly of equipment and other movableproperty, funded thoroughly or partially on the NATO Programme for investments in thesecurity;7. immovable properties, sites and equipment, intended for providing the needs inwar time;8. immovable properties and equipment – public or private state ownership withdropped out necessity;9. (amend. - SG 16/10, in force from 26.02.2010) immovable properties, intendedfor satisfying the home and social needs of the military servicemen and of the civil staff of theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army.(2) The immovable properties, sites and equipment under Para. 1, p. 1-7 shall beintended for direct implementation of the defence and shall be public state ownership.(3) By detailed structure plans changes of properties may be done, given formanagement of the Ministry, only after consent of the Minister of Defence.Art. 317. (1) On not-built-up properties – private state ownership, given formanagement of the Ministry of Defence, may be built housing, public serving, sports andcultural sites for satisfying the needs of the military servicemen and of the civil staff of theMinistry.(2) For building up the sites under Para. 1 may be established payment right toconstruction with an order of the Minister of Defence or of an official, authorised by him.(3) The right to construction shall be established after holding a tender, under termsand conditions, determined by an act of the Council of Ministers. The tender conditions mayenvisage the payment of the right to construction to be done through an equal propertycompensation in the constructed or another site, on the basis of an assessment, made by anindependent assessor.(4) tender shall not be conducted under establishing right to construction under Para.2 of legal persons on budget support or municipalities.(5) On the basis of the order and after fulfilling the procedure under Para. 3, theMinister of Defence or an official, authorised by him shall conclude a contract.(6) The newly built up housing sites, received as compensation under Para. 3 shallbe included in the Ministry hone fund.

Art. 318. (1) The immovable properties and equipment, intended for providingdirect needs of the defence in war time shall be maintained in accordance with the war timeplans.(2) The funds for building up, maintaining and modernization of the immovableproperties and equipment, intended for direct implementation of the defence shall be providedby the state budget through the budget of the Ministry of Defence.(3) The sites and equipment, given to the Ministry of Defence for directimplementation of the defence shall be used under terms and conditions, determined by an actof the Minister of Defence.(4) The function and the property of the set up. Built up or assembled sites,representing movable or immovable property, which are funded thoroughly or partially fromthe NATO Programme for investment in the security, may not be changed until the property istransferred over these sites of the Bulgarian state.Art. 319. (1) For an immovable property or equipment with dropped out necessityfor the needs of the defence, the Minister may:1. (amend. - SG 16/10, in force from 26.02.2010) give them for building up sites forsatisfying the social and housing needs of the military servicemen and civil staff at theMinistry of Defence the units directly subordinate to the Minister of Defence and theBulgarian Army;2. mutually with the Minister of the Regional Development and Public Works tooffer them to the Council of Ministers for free granting to other institutions. Municipalities orlegal persons on budget support, as provided by the Law on the State Ownership.(2) (amend. - SG 16/10, in force from 26.02.2010) The Minister of Defence may sellhouses, studios and garages from the housing stock Ministry of Defence located in populatedareas where there are no Ministry of Defence structures, units directly subordinate to theMinister of Defence and the Bulgarian Army under terms and following a procedure set outby a regulation of the Council of Ministers.Art. 320. The properties – private state ownership, given for management to theMinistry, may be sold to investors, who have certificate for class investment, under theprovisions of the Law on Encouragement of Investments.Art. 321. (1) (amend. - SG 16/10, in force from 26.02.2010) For the needs of thephysical preparation for fulfilling the service by the military servicemen and the civil staff atthe Ministry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army shall be built up and maintained sports sites and equipments.(2) (Revoked - SG 16/10, in force from 26.02.2010)(3) (Revoked - SG 16/10, in force from 26.02.2010)Art. 322. The Minister of defence shall form or give consent for participation incommercial companies with property – private state ownership, given for management by theMinistry.Section II.Arms, special equipment, machines and other means

Art. 323. For the implementation of the defence tasks of the country, as well as forcarrying out operations and missions outside the territory of the Republic of Bulgaria, thearmed forces and the military formations shall be provided with modern arms, machines,special equipment and other means.Art. 324. (1) (amend. - SG 16/10, in force from 26.02.2010) The arms, machines,special equipment and the other means shall be provided according to the development planof the armed forces.(2) The means under Para. 1 shall be provided by the state budget on the Ministry ofDefence budget and other sources.Art. 325. The maintenance and repair of the arms, the combat and special machinesshall be carried out in compliance with the need for securing their permanent readiness for usein combat conditions under the terms and conditions of public procurement.Section III.Requirements for conducting procedures for building up infrastructure sites forthe defence needs, disposition of properties and movable items and supply ofarms, machines and other equipmentArt. 326. (1) The procedures on building up infrastructure sites and for supply ofarms, machines and other equipment for the needs of the defence shall be assigned by theMinistry of Defence in observing the following principles:1. publicity;2. exact application of the legal requirements;3. achieving high efficiency in conducting the state policy in the defence area;4. carrying out the policy for accelerated development of the national economy.(2) The principles under Para. 1 shall be applied also in disposition with immovableproperties and movable items, in establishing the right to construction on the immovableproperties in management of the Ministry of Defence and in disposition with shares ofcommercial companies, in which the Minister of Defence exercises the right to ownership inthe capital.(3) The principles under Para. 1 shall be applied also in disposition with shares ofcommercial companies, formed with capital of the companies under Para. 2.Art. 327. (amend. - SG 16/10, in force from 26.02.2010) (1) In order to take part inthe procedures in the procedures under Art. 326, the candidates shall provide declarations oforigin and capital owner, as required by the Minister of Defence or an official authorized bythe latter.(2) Members of the committees, of the jury and the consultants involved in theprocedures under the Law for the Public Procurement related to construction of infrastructuresites and supplies of armaments, machinery and other equipment for the purposes of thedefence system, shall obligatory declare that:1. they have no material interest in the assignment of public procurement to a certaincandidate or participant;2. they are not "connected persons" within the meaning of the Commercial Law withany candidate or participant in the procedure or with persons enlisted as subcontractors orwith members of their managing or control bodies;

3. they have no private interest in the assignment of the public procurement withinthe meaning of the Law on Prevention and Disclosure of Conflict of Interests;(3) Members of the committees, of the jury and the consultants under para 2 shallkeep in secret the circumstances that have become known to them in relation to their job at thecommittee.(4) Members of the committees, of the jury and the consultants shall submit to theassignor declarations for compatibility of the circumstances mentioned in para 2 and forobserving the requirements as of para 3 after they have received the list of candidates andparticipants in each stage of the procedure, in case any changes in the declared circumstancesoccur.(5) Non-fulfilment of the obligations under paras 2 through 4 shall be a ground forinitiation of disciplinary liability procedure.(6) A representative of the State Agency National Security or of the Military Policeservice shall be involved as a member of the committees considering the offers within theframes of public procurement as per Art. 13, para 1, items 1 and 2 from the Law for the PublicProcurement.Art. 327а. (new - SG 16/10, in force from 26.02.2010) Military servicemen or civilemployees, carrying out activities related to management, administration and control at theMinistry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army, may not, within three years from their exemption from military service orfrom termination of their official legal relations, to conclude employment or other contractswith the trade companies or cooperations with which they have carried out activities related tomanagement, administration and control or with which they have concluded contracts duringthe last year of their military service, and may not be associates, shareholders, stockholders,managers or members in managing or control bodies of such trade companies or cooperations.Art. 327b. (new - SG 16/10, in force from 26.02.2010) (1) Military servicemen orcivil employees, carrying out activities related to management, administration and control atthe Ministry of Defence, the units directly subordinate to the Minister of Defence and theBulgarian Army, who, during the last year of service, have participated in public procurementprocedures or in procedures related to granting resources from European Union Funds orprovided by the European Union to the Bulgarian state, may not take part in or representnatural or legal person in such-like procedures before the units in which they have workedwithin three years from their from their exemption from military service or from terminationof their official legal relations.(2) The prohibition for participation in public procurement procedures as well as inprocedures related to granting resources from European Union Funds or provided by theEuropean Union to the Bulgarian state, shall also apply to legal persons, in which the personsreferred to in para 1 have become associates, shareholders, managers or members in managingor control bodies of such trade companies or cooperations after their exemption from militaryservice or after termination of their official legal relation..Chapter twelve.REGISTERS

Art. 328. (1) (amend. - SG 16/10, in force from 26.02.2010) The Ministry ofDefence, the units directly subordinate to the Minister of Defence and the Bulgarian Armyshall establish and maintain:1. register of the military servicemen;2. (amend. - SG 16/10, in force from 26.02.2010) registers of the immovableproperties in management of the Ministry of Defence, the units directly subordinate to theMinister of Defence and the Bulgarian Army:a) public state ownership;b) private state ownership;c) housing fund;3. register of the commercial companies, in which the state rights are exercised bythe Minister of Defence;4. register of the properties, included as non-monetary contribution in the capital ofthe commercial companies, in which the Minister of Defence excursuses the state rights;5. Central register of war disabled people and war victims;6. other registers.(2) The Minister of Defence or an official authorised by him shall determine therules for maintaining the registers under Para. 1.(3) The registers shall be built up also as automated.Art. 329. (1) The registers under Art. 328, Para 1 shall be information systems, partof which have been structures as s combination of personal data.(2) Administrators of personal data in the meaning of the Law on the Personal DataProtection shall be the Minister of Defence and officials, authorised by him, who shall assignthe persona data processing to officials, authorised by them.(3) (amend. - SG 16/10, in force from 26.02.2010) Every person shall have the rightto access to the personal data, referred to him/her, processed in the registers of the Ministry ofDefence, the units directly subordinate to the Minister of Defence and the Bulgarian Army.(4) The administrators of personal data under Para 2 shall pronounce within 14 dayterm after filing the request for access.(5) Upon request, the administrator of personal data under Para 2 shall give to themilitary servicemen a copy of the processed by him personal data on paper.(6) (amend. - SG 16/10, in force from 26.02.2010) The administrators of personaldata under Para 2 shall refuse totally or partially giving the personal data, when this wouldcause danger for the defence or the national security, for protection of the classifiedinformation, for disclosure of the sources of information or nonvoice methods and means forits collection, or if giving these data would threaten the implementation of the legallydetermined tasks of the Ministry of Defence, the units directly subordinate to the Minister ofDefence and the Bulgarian Army.(7) The terms and conditions for collecting keeping, processing and giving personaldata and for access to the register under Art. 328, Para 1, item 1 shall be determined by anordinance of the Minister of Defence.(8) The terms and conditions for collecting, keeping, processing and giving personaldata by the Military Police office shall be determined by an act of the Minister of Defence.(9) The control on the protection of the rights of natural persons in processing ofpersonal data and in realizing access to these data shall be exercised by the Commission forthe Personal Data Protection, under the terms and conditions of the <strong>law</strong> on the Personal DataProtection.

Chapter thirteen.ADMINISTRATIVE PENAL PROVISIONSArt. 330. (1) Anyone, who violates the provisions of this <strong>law</strong> or the legislative actsin its implementation, shall be punished by a fine of BGN 250 to 2500, if he is not subject to aheavier punishment.(2) In cases, where the violation under Para. 1 is committed by a legal person, shallbe imposed by a property sanction of BGN 500 to 5000.(3) For a repeated violation under Para. 1, the fine shall be in the amount of BGN500 to 3000, and the property sanction shall be in the amount of BGN 1000 to 7000.Art. 331. An official, who fails to fulfill an obligation, comprising from legislativeor administrative act of a body for direction of the defence, shall be punished by a fine ofBGN 300 to 3500, if he is not subject to a heavier punishment.Art. 332. Anyone, who fails to fulfill a written order of a body of the Military Policeoffice under Art. 103, Para. 5 or an order under Art. 335, Para. 2 shall be punished by a fine ofBGN 100 to 500.Art. 333. Anyone, who illegally stops a body of the Military Police office to fulfillits functions, shall be punished by a fine of BGN 200 to 1000, if he is not subject to a heavierpunishment.Art. 334. (1) The violations under this chapter shall be established by acts, which aredrawn up by officials, authorised by the Minister of Defence.(2) The penal orders shall be issued by the Minister of Defence or by officials,authorised by him, apart from the persons under Para. 1.(3) Drawing up acts, issuing, appealing and implementation of the penal orders shallbe carried out as provided by the Law on the Administrative Violations and Punishments.Chapter fourteen.COMPULSORY ADMINISTRATIVE MEASURESArt. 335. (1) For prevention and termination of violation of this <strong>law</strong>, the ChiefInspectorate under the Council of Ministers may apply the following compulsoryadministrative measures:1. obligatory prescription of the state bodies, the bodies of the local self-governmentand the local administration and the heads of the legal persons for drawing up the wartimeplans and for implementation of the tasks on the maintenance of their mobilization readiness.2. termination of building up and putting into exploitation sites and equipments ofthe transport, energy, communication and warehouse system and of other sites in the cases,where the envisaged in a legislative act special defence requirements have not been observed;3. termination the exploitation of transport vehicles, industrial sites and otherequipments in the cases, where the envisaged in a legislative act special requirements for theirmaintenance in mobilization readiness have not been observed.(2) For prevention and termination of the violations, the Minister of Defence orofficials, authorised by him may terminate the construction, putting into exploitation and use

of sites, installations, appliances and equipments of the Ministry of defence, as well as otheractivities in the Ministry, which create danger for occurrence of fires and industrial damages.Art. 336. The compulsory administrative measures may be appealed as provided bythe Administrative-procedure Code.Additional provisions§ 1. In the meaning of this <strong>law</strong>:1. "Repeated" is the violation, committed within one year term after the enforcementof the penal order, which imposes punishment for the same type violation.1a. (new - SG 16/10, in force from 26.02.2010) "Peacetime" is the time periodduring which a state of war or martial <strong>law</strong> is not delared within the state.1b. (new - SG 16/10, in force from 26.02.2010) "Wartime" is the time period duringwhich a state of war or martial <strong>law</strong> is delared within the state.1c. (new - SG 16/10, in force from 26.02.2010) "Forces from the national securitysystem of the Republic of Bulgaria" means the armed forces, the structural units of theMinistry of Interior, State Agency "National Security", the National Intelligence Service andthe National Guards Unit.2. "Grave material situation" is such a material situation, in which the nationalscannot satisfy their basic everyday needs alone or with the assistance of the persons, obligedby <strong>law</strong> to take care of them.3. "Fit for military service" is such a state of the physical and psychic health inwhich the military servicemen are able to fulfil military service.4. "Fit for wartime service" shall be the state of physical and psychic health in whichthe military servicemen are able to fulfil military service in the reserve.5. "Operative readiness" is the level of readiness of the formations for fulfillment ofoperative tasks.6. "Mobilization readiness" is the level of readiness of the formations for transfer incertain terms to war time staff and organization.7. (revoked - SG 16/10, in force from 26.02.2010)8. "Died or suffered body damage at performing the service" - when the death or thebody damage have occurred at activities or lack of action that constitute the content of themilitary service or a concretely assigned task.9. "Died or suffered body damage in connection with performing the service" -when the death or the body damage have occurred at activities or lack of action that are not anelement of the content of the military service but are preceding or following in time and are indirect reason connection with it.10."Military formation" is every detachment, platoon, company, battery, battalion,,division, squadron, regiment, brigade, base, division or corps of the armed forces, which isorganizationally and economically differentiated.11. "Rules for using force" is a complex of norms, based on the international <strong>law</strong>and/or the Bulgarian legislation, which determine the acts and/or lack of acts of the militaryservicemen while fulfilling their tasks related to a concrete operation or mission.12. "Allied state" is a state on an international agreement, ratified, published andenforced for the Republic of Bulgaria, which establishes an alliance of political-militarynature.13. (amend. - SG 16/10, in force from 26.02.2010) "Allied obligations" areobligations, comprising from an international contract under item 12.

14. "Goods" are all the items, carried through a state border of the Republic ofBulgaria, needed by the Bulgarian armed forces for fulfilling the tasks, with which they aresent outside its territory under this <strong>law</strong>.15. "Humanitarian mission" is an organized action of the international community,country or international organization on prevention and overcoming crises of no politicaland/or military nature, as well as for prevention of their consequences.16. "Direct chief" is a chief, to whom the military servicemen are submitted in thehierarchical structure of the military formation, indicated in his position, as well as inhierarchical submission between the military formations.17. "Direct chief" is the first direct chief of the military serviceman.17a. (new - SG 16/10, in force from 26.02.2010) "Direct hierarchical relation" is therelation of management and control between the military serviceman in their immediate chief.17b. (new - SG 16/10, in force from 26.02.2010) "Connected persons" are thepersons mentioned in § 1, item 1 from the Additional provision of the Law on Prevention andDisclosure of Conflict of Interests.18. "Critical infrastructure" is the system of equipment, services and informationsystems, whose stopping, damaged functioning or demolition would have seriously negativeimpact over the health and safety of the population, environment, national economy or overthe effective functioning of the state governance.19. (new - SG 16/10, in force from 26.02.2010) "Supplementary allowances ofpermanent nature" are additional payments paid monthly along with the basic remuneration inrelation to permanently existing factors, aggravating the conditions for fulfillment of themilitary service at the position being held.20. (new - SG 16/10, in force from 26.02.2010) "Crisis" shall mean instability in thepolitical and public sphere, leading to abrupt change in the established state of economy andpublic life.21. (new - SG 16/10, in force from 26.02.2010) "Psychologically fit for militaryservice" is the condition of the person meaning that he/she has the mental resources andmechanisms required for coping with the military service effectively.22. (new - SG 16/10, in force from 26.02.2010) "The protection of the airspace ofthe Republic of Bulgaria shall be implemented by the Bulgarian Army" is a task aimed atsecuring the air sovereignty of the state and blocking violations committed by aircrafts inrelation to un<strong>law</strong>ful entry, use and transit flight through the airspace of the Republic ofBulgaria or in relation to breaches of flight rules.23. (new - SG 16/10, in force from 26.02.2010) "The control over aviation in theairspace of the Republic of Bulgaria" shall mean the constant activity of monitoring, trackingand identifying aircrafts and in case of need the introduction of prohibitions, restrictions andother actions in order to ensure the air navigation safety and compliance with the establishedrules and procedures for carrying out flights in the airspace or the Republic of Bulgaria.-------------------------This <strong>law</strong> was adopted by the 40th National Assembly on 29 April 2009 and has beensealed by the official stamp of the National Assembly.Transitional and concluding provisions§ 2. This <strong>law</strong> shall repeal:1. The Law on Defence and the Armed Forces of the Republic of Bulgaria (Prom.,SG, N. 112/1995, amen., N. 67/1996, N. 122/1997, N. 70, 93, 152 and 153/1998, N. 12, 67and 69/1999, N. 49 and 64/2000, N. 25 and 34/2001, N. 1, 40, 45 and 119/2002, N. 50, 86, 95

and 112/2003, N. 93 and 111/2004, N. 27, 38, 76, 88 and 105/2005, N. 30, 36, 56, 82, 91 and102/2006, N. 11, 41, 46 and 59/2007, Decision № 9 of the Constitutional Court of 2007 - N.68/2007; amen, N. 89 and 109/2007, N. 13/2008, Decision № 2 of the Constitutional Court of2008. - N. 28/2008; amen, N. 36, 43 and 102/2008).2. The Law on Sending and Use of Bulgarian Armed Forces outside the Territory ofthe Republic of Bulgaria (prom., SG, N. 102/2005; amen., N. 46/2007).3. The Law on Governing during Crises (prom., SG, N. 19/2005; amen., N. 17, 30and 102/2006, N. 11, 41 and 78/2007, N. 102/2008).§ 3. (1) The officers, sergeants (major) and soldiers (seamen), with status quo atpersonnel military service on the date of enforcement of the <strong>law</strong> shall be considered asmilitary servicemen under this <strong>law</strong>.(2) The relationships with the military servicemen at status quo service shall betransferred into civil relationships, from the date of enforcement of the <strong>law</strong>.(3) The procedures, formed for imposing disciplinary punishments for dismissalfrom service and for property responsibility against military servicemen shall be finalized inthe former procedure.(4) (amend. - SG 16/10, in force from 26.02.2010) By the time the plan fordevelopment of the armed forces under Art. 22, Para 2, item 6 comes into force, the Classifierunder Art. 24, Para 1 and by the time the positions are approved, for which high officers ranksare required, the military servicemen shall occupy the positions, at which they were appointedon the date of enforcement of the <strong>law</strong>.(5) By the time the Act under Art. 212, Para. 2. the persons under Para. 1 shall bepaid the former remunerations.(6) At determining the amount of the compensations, due under this <strong>law</strong>, the servedtime at personnel military service on the repealed Law on Defence and the Armed Forces ofthe Republic of Bulgaria shall be considered as military service.§ 4. The military ranks of the persons of the permanent and mobilization reserve onthe repealed Law on Defence and the Armed Forces of the Republic of Bulgaria shall be thesame.§ 5. The Chief of the General Staff of the Bulgarian Army, at the status quopersonnel military service on the date of the enforcement of this <strong>law</strong>, shall be appointed forchief of the Defence by the end of the term under Art. 75, Para. 1 of the repealed Law onDefence and the Armed Forces of the Republic of Bulgaria.§ 6. The civil persons with status quo at the enforcement of the <strong>law</strong> on the repealedLaw on Defence and the Armed Forces of the Republic of Bulgaria shall acquire status ofcivil staff.§ 7. The position names and the remunerations of the staff of the national militaryhistorical museum shall be equalized to the position names and remunerations of the civilstaff on civil or employment relationship of the executive agency under the Minister ofDefence.

§ 8. Personnel military serviceman, who is suspended from service for an imposeddisciplinary punishment, under the repealed Law on Defence and the Armed Forces of theRepublic of Bulgaria, may not be accepted to military service under this <strong>law</strong>.§ 9. (Revoked - SG 16/10, in force from 26.02.2010) (1) By 2012 the Minister ofDefence shall have the right to extend the maximum term for staying in one military rank andon position of the major officers with one year, but not more than 3 times.(2) By 2015 the age limit for military service of the sergeants at the Ministry ofDefence shall be 52 years.§ 10. By the time Rules for the reserve of the armed forces is adopted, theobligations on keeping the military account shall be implemented by the military commands.§ 11. (1) In reference to the National intelligence office and the National Securityoffice, the competences of their chiefs and the status of the staff shall be implementedaccording to this <strong>law</strong> and the rules for its implementation, unless anything else has beenprovided by them, by the adoption of <strong>law</strong>s on the organization and activity of these offices.The chiefs of the national investigation office and of the national security office shall have therights of a minister under this <strong>law</strong> in reference to the relevant offices.(2) The prohibition under Art. 49 shall not be applied to the offices under Para. 1 bythe adoption of <strong>law</strong>s on their organization and activity.(3) The offices under Para. 1 shall be legal persons on budgetary support.(4) The appointment and dismissal of officers with high officers ranks, as well ashonoring with high officer ranks in the offices under Para. 1 shall be done under this <strong>law</strong>.(5) The age limit for military service at the National Intelligence service shall be:1. for officers with rank "mayor" – 54 years;2. for officers with rank "lieutenant-colonel"– 56 years;3. for officers with rank "colonel"– 60 years;4. for officers with rank "brigadier general"– 62 years;5. for officers with rank "major-genera"– 63 years;6. for officers with rank "lieutenant general" – 64 years;7. for officers with rank "general" – 65 years.(6) the age limit for military service at the National security office shall be:1. for sergeants (major) - 53 years;2. for officers with rank "mayor", "captain 3rd rank" – 53 years;3. for officers with rank "lieutenant-colonel", "captain 2nd rank" – 54 years;4. for officers with rank "colonel", "captain 1st rank" – 55 years;5. for officers with rank "brigadier general", "brigadier admiral" – 57 years;6. for officers with rank "major-genera", "rear admiral" – 58 years;7. for officers with rank "lieutenant general", "vice admiral" – 59 years;(7) The military servicemen at the National intelligence office while fulfilling theirofficial duties may under cover occupy positions in the state administration and in legalpersons under terms and conditions, determined by an act of the Council of Ministers.Concluding provisionsTO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF THELAW FOR THE PROFESSIONAL EDUCATION AND TRAINING

(PROM. – SG 74/09, IN FORCE FROM 15.09.2009)…………………§ 39. In the <strong>law</strong> on defense and armed forces of the Republic of Bulgaria (SG 35/09)everywhere the words "Minister of Education and Science" shall be replaced by "the Ministerof Education, Youth and Science".…………………………..§ 48. The <strong>law</strong> shall enter into force from the day of its promulgation in the StateGazette, except for § 1, which shall enter into force from 15 September 2009, and § 47, whichshall enter into force from 1 October 2009.Additional provisionsTO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF THE LAW ONDEFENCE AND ARMED FORCES OF THE REPUBLIC OF BULGARIA(PROM. – SG 82/09, IN FORCE FROM 16.10.2009)§ 5. In the remaining texts of the <strong>law</strong> the words "the Minister of Transport","Minister of Transport" and "the Ministry of Transport" shall be replaced respectively with"the Minister of Transport, Information technologies and Communications", "Minister ofTransport, Information technologies and Communications" and "the Ministry of Transport,Information technologies and Communications"Transitional and concluding provisionsTO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF THELAW ON DEFENCE AND ARMED FORCES OF THE REPUBLIC OFBULGARIA(PROM. – SG 82/09, IN FORCE FROM 16.10.2009)§ 6. The issued prior to entering of this <strong>law</strong> into force secondary legislative actsshall remain in effect, as long as they do not contradict to it.Gazette.§ 7. The <strong>law</strong> shall enter into force from the day of its promulgation in the StateTransitional and concluding provisionsTO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF THE LAWON THE MINISTRY OF INTERIOR(PROM. – SG 93/09, IN FORCE FROM 25.12.2009)§ 100. The Law shall enter into force within a month from its promulgation in theState Gazette, except for § 1, 2, 21, 36, 39, 41, 44, 45, 49, 50, 51, 53, 55, 56, 57, 59, 62, 63,64, 65, 70 and 91, which shall enter into force from the date of its promulgation.

Transitional and concluding provisionsTO THE LAW ON THE STATE BUDGET OF THE REPUBLIC OFBULGARIA FOR 2010(PROM. – SG 99/09, IN FORCE FROM 01.01.2010)§ 84. This Law shall enter into force from 1 January 2010, except for § 80, whichshall enter into force from 15 December 2009.Additional provisionsTO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF THE LAW ONDEFENCE AND ARMED FORCES OF THE REPUBLIC OF BULGARIA(PROM. - SG 16/10, IN FORCE FROM 26.02.2010)§ 138. In the rest texts of the <strong>law</strong> the words:1. "specialized formations/specialized formations of the armed forces" shall bereplaced by "the units".2. "the plan for organizational building up and development of the armed forces"shall be replaced by "the plan for development of the armed forces ".Transitional and concluding provisionsTO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF THE LAWON DEFENCE AND ARMED FORCES OF THE REPUBLIC OF BULGARIA(PROM. - SG 16/10, IN FORCE FROM 26.02.2010)§ 139. (1) Within three months from the entry into force of this Law shall beconcluded contracts with the status quo military servicemen under the terms and theprocedure of this Law, provided that the Minister of Defence and the officials authorized byhim/her may not refuse to conclude such. As regards to the military servicemen who duringthis time perform their official functions outside the territory of the state or use their legalleave, the military service contracts shall be concluded with them as long as they return in thecountry or from their leave.(2) Military service contracts with the persons mentioned in para 1 shall beconcluded for the periods fixed in Art.142, para 5, respectively in Art. 144, para 3, not laterthan the date of reaching the age limit for the respective military rank. In those cases wherethe term of the obligation for carrying out military service as per Art. 142, para 5, Art. 144,para 3 or Art. 145, para 1 has not expired, the military service contract shall be concludedbefore the fixed term expires.(3) A refusal to be concluded a military service contract shall be deemed as a priornotice by the military serviceman for termination of the legal relation for military serviceaccording to Art. 163.§ 140. The status quo military servicemen by the date of entry into force of this Lawshall preserve the amount of the received supplementary benefits for length of serviceinasmuch as this is more favourable for them.

§ 141. Servicemen who are already doing military service at the date of this Law'sentry into force with military ranks of "private" ("seaman"), "corporal" (senior seaman) and"officer candidate" shall be deemed servicemen with military rank "private 1st class ("seaman1st class"), "corporal 1st class" (senior semen 1st class) and "officer candidate 1st class".§ 142. Cadets who are already studying at the higher military school at the date ofthis Law's entry into force shall be deemed servicemen with a special status under this Law.Military service contracts shall be concluded with them pursuant to this Law which shallinclude the tuition term. They shall continue and complete their tuition in compliance with thecurricula and syllabi approved for the entire training course.§ 143. The Chief of Defence who is already occupying this position at the date ofthis Law's entry into force shall carry out his powers for the term provided for in the repealedArt. 82, para 1.§ 144. The proceedings which have not been completed by the date of this Law'sentry into force for sale/exchange of homes, studios and garages from the residential fund ofthe Ministry of Defence, for which an order has been issued by the Minister of Defence forsale/exchange including by servicemen and civilian employees, whose relations with theMinistry of Defence have bee terminated, shall be concluded within six months after the entryinto force of this Law at prices, under terms and procedures specified pursuant to thenormative framework effective at the time of issuing the order.§ 145. The proceedings for imposing disciplinary sanctions for terminating the legalrelations for serving military service and discharge from military service, for restoringservicemen to the position in case the discharge from military service has been revoked by thecourt and for indictment for property responsibility against servicemen, which have not beencompleted, shall be concluded under the existing procedure.§ 146. The job positions and the remuneration of the civilian employees at theNational Guards Unit shall be made equal to the job positions and the remuneration of thecivilian employees under an employment contract at the Executive Agency at the Minister ofDefence.........................................................................§ 154. (1) The administrative acts on the implementation of this Law shall bebrought into compliance with it within nine months after its entry into force and until theiradoption the already issued administrative normative acts shall apply insofar as they do notcontradict this Law.(2) The administrative acts issued on the implementation of the repealed Art. 102and Art. 103 shall apply until the adoption of the regulations under Art. 100, para 5.§ 155. The present Law shall enter into force on the date of its promulgation in theState Gazette with the exception of the provision of § 74, which shall enter into force on the1st of March 2010 and of § 135, which shall enter into force on the 1st of January 2011.